The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides for the subject of permission for development activities, Article 57 provides for the procedures for permission for development activities, and Article 58 provides for the standards for permission for development activities under paragraph (1) and delegates the establishment of specific standards to the Presidential Decree under paragraph (3).

Such permission for development activities is prohibited

Since there are many parts of the criteria for permission, etc. as an indefinite concept, and administrative agencies have discretion to determine whether they meet the requirements, whether they meet the requirements is within the discretionary jurisdiction of administrative agencies.

Therefore, in principle, the judicial review of that case is subject to whether there is deviation or abuse of discretion by an administrative agency, taking into account the possibility of discretion regarding the public interest judgment of the administrative agency, and whether there is a violation of the principle of mistake of facts and the principle of proportionality, etc. (see, e.g., Supreme Court Decisions 2016Du55490, Mar. 15, 2017; 2016Du30866, Jun. 19, 2017). 2. Reviewing the reasoning of the first instance judgment cited by the lower court and the record, the following circumstances are revealed.

On June 2017, the Plaintiffs filed an application with the Defendant for permission to engage in solar power generation business on the ground of Andong-si C orchard 9,730 square meters, D orchard 6,896 square meters (hereinafter “instant application site”) with the Defendant for permission to engage in solar power generation business and to change the form and quality of the instant application site and to install structures.

At the time of application, the Plaintiffs submitted along with a plan that “to install a drainage pipe and install a permanent retention map on a naturally formed ditch under the instant application site” with regard to “to prevent soil and sand outflow.”

B. On June 29, 2017, the Defendant rejected the Plaintiff’s application due to the following reasons.

(hereinafter “instant disposition”). 1) The instant application aims at the installation of solar power infrastructure.