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(영문) 대구지방법원 2019.04.17 2018구합25426
전기사업불허가처분취소
Text

1. The Defendant’s disposition of non-permission to operate the electricity business to the Plaintiffs on October 1, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 13, 2018, the Plaintiffs filed an application with the Defendant for an electricity business license to install solar power generation facilities of 594m2,039m2 in each installed area of 594m2,039m2 (hereinafter “instant application site”) and of 99.72kW of power generation capacity.

B. On October 1, 2018, the Defendant rendered a disposition of non-permission for the electrical business (hereinafter “instant disposition”) to the Plaintiffs on the following grounds.

Under Article 7 of the Electric Utility Act and Article 4 of the Enforcement Decree of the same Act, there shall be no violation of the relevant individual laws.

b. D&D of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) - In the case of power production facilities pursuant to Article 24-2 of the Ordinance on the Gun Planning and Utilization ofYcheon-gun, it should not be located within 500 meters from the boundary of national rivers and local rivers (in the case of power production facilities), but the instant application is located within 500 meters from the said boundary, and thus, permission for development activities is not impossible. The instant application is located within the boundary of 500 meters from the said boundary. Although the electric utility business license can be granted by satisfying the conditions, such as permission for development of line line to conduct the electric business as the plan, even if it is impossible to permit development activities as a result of the review of the National Land Planning and Utilization Act, even if it is impossible to permit the electric utility business as a result of the review of the National Land Planning and Utilization Act, the electric utility business is inappropriate pursuant to

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. 1) In full view of the following circumstances revealed in light of the contents of the provisions related to the celebry, the circumstances that “it is impossible to obtain permission under the National Land Planning Act” cannot be considered as the criteria for permission for the electric utility business. A) According to Article 7(1) of the Electric Utility Act, a person who intends to operate the electric utility business shall be classified as the type of the electric business.

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