1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On December 3, 2018, the Plaintiff filed an application for permission for development activities (hereinafter “instant application”) with the Defendant on January 8, 2019, after obtaining permission for electric generation business from the Cheongbuk-do Governor on the land of 9,425 square meters in Seocheon-si B, C, and D (hereinafter “instant application site”).

B. On August 12, 2019, the Defendant rendered a disposition rejecting the instant application for the following reasons (hereinafter “instant disposition”).

The filing date of the instant application is likely to cause asbestos exposure and asbestos damage in the lower reaches area due to the increase in the area of spring water when rained in the area where the mining damage prevention project (asbestos) was completed (hereinafter “instant application”). The filing date of the instant application is likely to cause the loss of soil and sand erosion, the damage of surrounding farmland, and the second asbestos outflow of the area of rural area at the time of concentration due to the lack of a drainage plan or a hazard prevention plan for the lower reaches reaches the instant application (hereinafter “instant disposition ground”). The filing date of the instant application is located at the boundary of the forest area and farmland area and farmland area, and there is no dispute over the facts that there is no dispute over the instant application, Gap1 through 4, Eul evidence No. 13, and Eul (including the number No. 1; hereinafter the same shall apply). The purport of the entire pleadings and arguments as a whole.

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion of this case is erroneous in the misapprehension of discretionary authority, such as where the grounds for disposition are not recognized for the following reasons, or violating the principle of proportionality.

1 With respect to the ground for Disposition 1, there is no asbestos detected in the place of the instant application, and even if detected, mining damage prevention is generally conducted by means of ground stability, improvement of soil contamination, restoration, etc., and thus, at the place of the instant application.