1. The Defendant’s disposition of rejection of an application for permission for development activities rendered to the Plaintiff on March 21, 2018 is revoked.

2...

1. Details of the disposition;

A. On June 19, 2017, the Plaintiff obtained permission for the solar power generation business from the Defendant to operate solar power generation business with the content of operating solar power generation business on the aggregate of 24,059 square meters in the area of five parcels, including Kimcheon-si B forest and field, (hereinafter “instant application site”).

B. On November 14, 2017, the Plaintiff filed an application for permission to engage in development activities with the Defendant to install solar power generation facilities in the instant application site.

C. On March 21, 2018, the Defendant notified the Plaintiff on March 21, 2018 that he/she would return the above application for permission for the following reasons:

(hereinafter referred to as “instant disposition”). The result of deliberation by the Urban Planning Subcommittee: The application of the instant review opinion that was rejected is located within 300 meters from the main roads (proking roads with the central line). As such, permission for development activities in Kimcheon-si is not granted pursuant to Article 4(1)1 of the Guidelines for Operation of Permission for Development Activities in Kimcheon-si (No. 4 of the Rules of Kimcheon-si, 2017).

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked as it constitutes an abuse of discretionary power for the following reasons.

1) Operational guidelines for permission for development activities in the Kimcheon-si are established without any delegation under any Act and is merely a simple business process rule that has no legal effect to externally restrict citizens or courts. The instant disposition was conducted solely on the ground that it does not comply with the standards set forth in the Operational Guidelines for Permission for Development Activities without legal effect as seen above and is unlawful. 2) The instant application is classified as forests and fields, and is surrounded by mountain, and is far away from village.

Moreover, the application site and its surrounding area of this case have beautiful landscape as a mountainous district.

Scenics worth or high preservation value.