1. The Defendant’s disposition of rejection of an application for permission to engage in development activities against the Plaintiff on September 20, 2017 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On December 29, 2016, the Plaintiff obtained a facility capacity of 400 kw, supply voltage of 380 V from the Defendant on December 29, 2016 with respect to the land for the foregoing solar power plant (hereinafter “power plant site”). On September 19, 2017, the Plaintiff filed an application for permission to engage in development activities with the Defendant on the said plant site for the purpose of creating a site for the said solar power plant.

B. Accordingly, on September 20, 2017, the Defendant rejected the said application (hereinafter “instant disposition”) on the ground that the Plaintiff failed to comply with the standards for permission for the installation of power plants under Article 14 of the Guidelines for Operation of Permission for Development Activities (hereinafter “Guidelines”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s instant disposition is unlawful for the following reasons.

Article 14(1) of the Circuit, which is the basis of the instant disposition, is null and void without statutory delegation or beyond the limit of delegation.

B. The instant disposition abused discretion.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. Article 58(3) of the National Land Planning and Utilization Act provides that “where a permit may be granted under paragraph (1), the criteria for granting such permit shall be prescribed by Presidential Decree according to the following classification, in consideration of the characteristics of the region, development status of the region, current status of the infrastructure, etc.” As to whether there is no delegation of the relevant statute, Article 14(1) of the Guidelines, and the Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28521, Dec. 29, 2017;

Article 56(4) provides that “The Minister of Land, Infrastructure and Transport may determine detailed review criteria for the criteria for permission for development activities under paragraph (1) of the same Article,” and the guidelines for operating permission for development activities (amended by Ministry of Land, Infrastructure and Transport Directive No. 997, Apr. 18, 2018; hereinafter “Guidelines for

1-2. The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province.