(영문) 서울행정법원 2007.4.11.선고 2006구합28260 판결

Defendant Seoul Special Metropolitan City Mayor, May 2, 2005, issued to the Plaintiff on May 2, 2005, and the return of the application for permission to occupy and use a river granted by Defendant Seoul Regional Construction and Management Administration to the Plaintiff on May 12, 2005, respectively.

Reasons

1. Details of the disposition;

A. On December 15, 2003, the Plaintiff established a public golf course operation business as a target business, etc., and added to the purpose of electric power production and sales business on November 9, 2004. The Plaintiff’s 00 power generation and sales business, which acquired 70% of the Plaintiff’s shares, is operating the power generation capacity of 2,600 kw from Gangwon-gun, Gangwon-gun, 00 YOUW at 000 YOW.

B. On September 7, 2004, to the head of the Han River flood control office (affiliated agency of the Ministry of Construction and Transportation), the above company asked the head of the defendant Seoul District Land Management Office about whether it is possible to grant permission on the use of flowing water for the construction of a small power plant.

(c)The head of the Han River flood control office shall be able to use flowing water if the flow meters are installed on September 14, 2004, at which the volume of water taken and discharged can be verified on the inflow and outflow waterways, and the use of flowing water is not affected by the downstream and its neighboring base repair rights;

In addition, it was suggested that comprehensive review by the lower management agency should be conducted in consideration of all the circumstances such as the river maintenance master plan, land use plan, and surrounding river conditions.

D. On September 13, 2004, the head of the Seoul Regional Construction and Management Administration sought an opinion from the Director of the Han River Park Project (the Han River Project Headquarters after the revision, the Han River Project Headquarters) on the question of whether it is possible to grant permission for occupancy and use of rivers. The Director of the Han River Park Project Bureau again sought an opinion from the head of the Seoul Regional Construction and Management Administration on October 27, 2004 after considering the opinions and answers. Accordingly, the head of the Seoul Regional Construction and Management Administration sent a reply to the head of the Seoul Regional Construction and Management Administration on November 5, 2004 by considering the detailed drawing of the facilities scheduled to be installed in the Han River Area because the detailed drawing of the facilities scheduled to be installed in the Han River Area is not attached to the Han River Area, so it is impossible to examine the structural impact on the river maintenance and diving River basin, and, in the event of subsequent application for permission for occupancy and use of rivers, the head of the Seoul Regional Construction and Management Administration Administration prepared the following response from the Director of the Han River Project and submitted the new Park.

1) The structural stability of diving underwater water following the installation of the required documents and the facilities under Article 33 of the River Act

be accompanied by a review document (Defendant Head of Seoul Regional Construction and Management Administration)

2) Since the relevant area is a water source protection area, it is accompanied by the permission documents for activities conducted within the protection area.

corporation (the chief of the river department in Seoul Special Metropolitan City)

3) To ensure that such function does not conflict with this and water control functions, and the basic direction for environmental management, and that water supply sources, etc. are used

The use of water and the maintenance of the river shall not affect the flow of water (the Director of the Seoul Metropolitan Government Water Collection Division).

4) Even during a reed season only when the volume of water discharged from the arms dam is at least 150 cm so as not to affect the intake of raw water for tap water.

plan to operate power generators (the head of the Seoul Metropolitan Government Water Supply Project Headquarters)

5) When a power plant is constructed on the north side of the locking water reservoir, the stable raw water intake and water quality of the Punging Water reservoir.

(the head of the Seoul Metropolitan Government Water Supply Project Headquarters)

6) A power plant structure is an existing structure to ensure the safety, maintenance, etc. of an existing bridge structure.

to ensure that sufficient separation distance does not occur (the head of the Seoul Special Metropolitan City Construction Safety Headquarters)

7) Since the consulting area is an area planned to install future fish ladders to restore the ecosystem, a small number of power plants;

to ensure that construction of fish ladders does not interfere with the construction of fish ladders (the Director of the Han River Civil Park Project)

E. On November 2004, the Plaintiff entered into a contract for the basic and working design construction of the light power plant.

Afterward, the Seoul Special Metropolitan City Gwangjin-dong 704 - the owner of the bank (the Seoul Special Metropolitan City), and the 571 river located in the Jyang-dong 571 river (the owner's country) of the Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the "project site of this case") filed an application with the head of the Seoul Special Metropolitan City Mayor on December 23, 2004 for permission to occupy and use the power station (hereinafter referred to as the "electric power station of this case") with the power generation capacity of 2,480kmw (248kw x 10) and with the head of the Seoul Special Metropolitan City Mayor on December 23, 2004 for the installation of structures in accordance with the Han River Power Development Project (the power generation capacity of this case).

F. Upon receipt of an application for permission to occupy and use rivers, the head of the Seoul Regional Construction and Management Administration requested the Special Metropolitan City Mayor on December 29, 2004 to present his opinion on whether it impedes the aspect of the maintenance and management of diving and Han River.

On the other hand, on January 11, 2005, the head of the defendant Seoul Special Metropolitan City, upon receiving an application for electric utility license, sought opinions from the Korea Water Resources Corporation, the Korea Water Resources Corporation, the Gwangjin-gu et al., and reviewed the economic and technical feasibility review of the electric power generation business and the difficulties of public interests on March 8, 2005 and on March 29, 2005, and requested the plaintiff to supplement and supplement the final decision of the electric power generation business.

On March 11, 2005, the head of the Seoul Special Metropolitan City Mayor decided whether to grant permission after undergoing a comprehensive review after the control and supervision of the construction planning station, and after the direction, he decided whether to grant permission to the head of the Seoul Special Metropolitan City Construction and Management on March 21, 2005, the second Advisory Council (the head of the industry and consumer protection department, the site planned to be installed as the site of the project of this case, the future plan of the project of this case, and the main and branch offices of the Seoul Special Metropolitan City for the direct implementation of the power plant project of this case, the head of the Seoul Special Metropolitan City shall be deemed to have been presented to the policy meeting for the comprehensive determination, and on April 29, 2005, the head of the Seoul Special Metropolitan City Mayor decided not to grant permission to the head of the Seoul Special Metropolitan City Construction and Management on April 21, 2005 (the site of this case shall be referred to as "the Minister of National Consumer Protection and the head of the Seoul Special Metropolitan City Construction and Management Administration on the installation of the site of this case).

Accordingly, on May 12, 2005, the defendant head of the Seoul Regional Construction and Management rejected the plaintiff's application for permission for occupation and use of rivers on the same grounds as the opinion notified by the head of the Seoul Special Metropolitan City Mayor (hereinafter "the return disposition of this case").

[Ground of Recognition] A of the 2006Guhap28260 Cases No. 1, 2, 5 through 8, 11, 12, 27

No. 2, No. 2, and No. 2 through No. 2, of 2006Guhap28277

6 Descriptions of evidence, the purport of the whole pleadings

2. The plaintiff's assertion and relevant statutes

A. The plaintiff's assertion

(1) The absence of the Han River Development Plan (the Han River Development Plan; hereinafter referred to as the " Han River Development Plan")

Each disposition of this case is on the ground of the Han River Construction Plan and the Han River Construction Plan pursuant thereto, but the Han River Construction Plan only was discussed at the time of the establishment of the second comprehensive plan for national land development around 1982 and the Han River Construction Plan around 1984, and there was no specific plan for the Han River Construction Plan at the time of the establishment of the Han River Construction Plan, and there was no specific plan for the implementation of the Han River Construction Plan. The Ministry of Construction and Transportation and the person in charge of Seoul Metropolitan Government are not entitled to the specific administrative plan. ② The upper area of the Han River Construction is designated as the water source protection area, and the Han River Construction Plan is prohibited from the flow of cargo lines pursuant to the relevant Acts and subordinate statutes, such as the Water Supply and Waterworks Installation Act, and the Han River Construction Plan was established for the Han River Construction Plan and the Han River Construction Plan for the Han River Construction Plan for the Han River Construction and Transportation for the Han River Construction and the Han River Construction Plan for the Han River Construction and Transportation for the Han River Construction and the Han River Construction and Transportation for the Han River Construction.

(2) Continuation of the electrical business license (as to the instant non-permission disposition)

The permission for the electricity business is a binding act to be granted by an administrative agency when meeting the requirements under the relevant laws and regulations. Thus, the administrative agency may not refuse the application for permission on any grounds other than the grounds for restriction stipulated under the relevant laws and regulations. The permission for the Defendant Special Market in Seoul, which rejected the application for the permission of the Plaintiff meeting all the requirements under the relevant laws and regulations on the ground of the Han River Construction Plan not entirely related to the relevant laws and regulations, is unlawful.

(3) Violation of the principle of proportionality

The public interest pursued by the Defendant through each of the dispositions of this case is to realize the Gangseo town plan, which was executed by the Plaintiff without any factual existence as alleged earlier, which is possible to realize legal and economic realization and has already been discarded, and its public interest value is not only the value of each of the dispositions of this case, but also the benefits infringed upon by each of the dispositions of this case is an important legal interest in promoting regional development through the development of environment-friendly energy sources as well as promoting regional development through the development of environment-friendly energy sources, promoting economic ripple effects therefrom, and developing related technology for export industrialization, etc. Therefore, it is obvious that each of the dispositions of this case goes beyond the proportionality relationship because there is a significant imbalance between the purpose pursued by each of the dispositions of this case and the profits infringed upon thereby. Thus, each of the dispositions of this case is unlawful.

(4) Violation of the principle of trust protection.

On May 2004, the Plaintiff carried out an environmental creation in the vicinity of the instant site by bringing about KRW 1.50 million, and then questioning about the permission to occupy and use and the permission to use flowing water for the establishment of the instant power plant at the head of Seoul National Land Management Office and the Han River Flood Control Office, etc. In order to meet certain conditions, the Plaintiff received a statement of intent that permission to occupy and use rivers and the permission to use flowing water can be granted for the establishment of the instant power plant. Furthermore, the head of Seoul National Land Management Agency, the head of Seoul National Land Management Office, and the head of the Han River Park Business Office, etc. of the Seoul National Land Management Agency, and the head of Han River-gu, Seoul National Land Management Agency, and the head of Han River-gu et al. expressed their opinions that permission may be granted when only detailed measures for the environment and surrounding conditions are completed through mutual opinions and mutual opinions

In trust of opinions, a total of 80 million won was paid for the design services, repair impact review services, public relations centers design services, etc. of the construction of a power plant. Since each of the dispositions of this case infringes on the Plaintiff’s interest in protecting the public opinion of the Defendants, each of the dispositions of this case was in violation of the principle of trust protection and thus illegal.

(b) Related statutes;

As shown in the attached Form.

3. Facts of recognition;

The following facts may be recognized by integrating the above recognized evidences and the records of Gap evidence Nos. 13 through 22, 24 through 27, 29 through 33, Eul No. 1, 8, and 9 in 206-Guhap28260.

(a) The process of formulating and embodying the Han River transportation plan;

(1) For the long-term supply and demand of aggregate in the Seoul metropolitan area, Han River Construction Plan is a water transport plan connecting the Seoul metropolitan area with a mentor at a low price. The national plan pursuant to Article 120(2) of the Constitution and Article 3(2) of the former Comprehensive Plan for Construction in the National Territory (repealed by Act No. 6654, Feb. 4, 2002) is a national plan pursuant to Article 120(2) of the Constitution and Article 3(2) of the former Comprehensive Plan for Construction in the National Land (amended by Act No. 80, Dec. 31, 1981) as publicly notified by the President No. 80, after deliberation by the State Council, the second comprehensive plan for national land development (from 1982 to 191, 191) began to be a plan for construction in the South River that connects the Seoul metropolitan area with a long-term margin.

(2) After January 8, 1992, the third comprehensive national land development plan (192 to 2001) announced by the President No. 117 of the Presidential Decree is to review the construction of light canal, review the main plan for major rivers, examine the feasibility of connecting three major rivers ( Han River, Nakdong River, Geum River). In the fourth comprehensive national land development plan publicly announced by the President No. 165 of Jan. 8, 200 (200 to 200), it is necessary to devise measures to facilitate the construction of water resources and the transportation of water resources through inland transportation by promoting and improving the efficiency of use in connection with Han River Transportation.

(3) As a part of the detailed implementation plan of the fourth comprehensive plan for water resources formulated on July 2001 in the Ministry of Construction and Transportation, according to the water resources long-term comprehensive plan (Wyter V 2020), the government is promoting the linkage and development with the Han River in the future while promoting the light canal project, and examining the potential and potential of the main river system for the five major river systems, and considering relevant laws and regulations, environmental problems, etc., and suggest the desirable development direction of the inland town at a long-term level, and plans to implement the multi-purpose utilization project for the river, by conducting the basic survey for the inland transport of cargo by water system, etc.

(4) According to the "Report on the Basic Plan for the Development of Han River prepared by the Seoul Special Metropolitan City on May 1983", the section of the Han River Construction Plan is 52 km from Kimpo school to the Tae Dam. The scope of the town is 1.5m wide-area operation of the Han River line in accordance with the 1st degree scopic operation of the Han River, 2nd phase scopic operation, 2nd scopic operation of the Han River, 2nd scopic operation, and 2nd scopic operation of the Han River. The start line is installed at 11 places in total in the luminous of Gangdong-dong Hocheon-dong from the development of the Han River, and the road of the scopic bridge of the Han River is raised to 1.5m high for the passage of the scopic bridge.

(5) The term "the Han River Water Level Maintenance Facility (Sail Underwater) prepared by Seoul Special Metropolitan City on December 12, 1984, the basic plan and the implementation design report," and the term "the Han River General Development Project Site (including separate books) published on December 28, 1988," etc.

In other words, it is difficult to secure the water level of the existing water intake and the water depth due to the low level of Han River under the Han River Comprehensive Development Project, which was implemented from September 9, 1982 to September 19, 1986.

지책으로 1986년 약 132억 원의 예산으로 강북지역으로부터 갑문 , 가동보 , 어도 및 고 정보 등 4개의 시설물로 이루어지는 잠실수중보를 건설하면서 향후 갑문설치를 위하여 이 사건 사업부지에 길이 142 . 50m , 높이 11 . 50m의 갑문외벽을 정동형 ( 井淸型 ) 옹벽 형 식으로 설치하였다 . 갑문의 기능은 잠실수중보 상하류의 선박운행을 도모하는데 있고 , 갑문의 규모는 상위계획인 정부의 남한강주운계획 등을 기초자료로 하여 폭 34m , 길 이 150m로 계획하였으며 , 갑문의 건설시기에 대해서는 " 장래 남한강주운계획시나 갑문 의 이용도가 높아 경제적 필요성이 있을 때 건설하는 것이 바람직하다 " 고 하였다 .

(6) According to the Seoul Special Metropolitan City's "Saak River Construction Report on October 1989", etc., the Government and the Korea Water Resources Corporation established the Han River Development Plan (the target section shall be extended to 212 meters in total on the short-sea of the Chungcheong Dam, Seoul). The Seoul Special Metropolitan City, in order to facilitate the cryp development of the Han River in connection with the South Korean River Construction Plan, contributed to the multi-purpose of the Han River, contributed to the multi-purpose use of the Han River, and to connect the mooring of the vessels between the Han River and the Han River, it is necessary to install facilities that enable vessel traffic in the Han River basin, and entered into a working design service contract for the Han River, the Han River Construction Contract for the Han River and the Korea Water Resources Corporation established the Han River Construction Plan (the target section shall be extended to 26 meters in size, 202 meters in length, and the capacity of the Han River Construction Facilities was determined to be 00 out of the Han River.

(7) According to the "working design report on the installation of an additional work for the operation of a diving mine," prepared by Seoul Special Metropolitan City and Han River Management Office (the name before changing the Han River Management Office) on December 12, 1994, the Seoul Special Metropolitan City planned the main traffic depth at a distance of 12 meters, and 70 meters in length, with the size of Gap's inquiry according to the existing sericultural river management plan, etc.

(8) According to the "Report on Feasibility Survey on the Development and Promotion of the Use of Han River", etc. prepared by Seoul Special Metropolitan City on June 1998, the Seoul Special Metropolitan City determined that it is necessary to increase the length of Gap's door construction (60m: 34m in width, 150m in length) due to the lack of length of the construction site of Gap's Han River construction (60m in length) and to promote the mid-to long-term feasibility study by dividing the Han River Construction Plan into three sectors, such as the volume of cargo, passenger ships, floating ships, etc., and the Han River Construction Plan, and the size of the requirements of Gap's facilities to be installed in the Han River basin, and the Han River Construction Plan was determined to be necessary to promote the construction of Han River basin into the Han River basin and the Han River basin Development Plan, which is one of the three areas, including the Han River basin's own condition of transportation from 202 to 202 to the Han River basin's own condition of the construction of Han River basin.

(9) At the time of September 28, 2005, the Seoul Special Metropolitan City Mayor argued that there are measures to solve problems such as construction technology, construction cost, environmental protection, etc. while referring to the necessity of construction of light canal in order to reduce the cost of transportation of logistics, securing water resources, securing future leisure industry, direct supply of goods on inland waters, job creation, job creation, inland expansion, balanced growth of land, etc.

(b) A plan to install fish ladders;

(1) The new Seoul Special Metropolitan City's 'Seoul Special Metropolitan City' prepared on December 2, 200, and the Han River's 'Korea Han River Basic Plan' state that it is desirable to install the Han River Maintenance Basic Plan in order to be used as a fish farm, patrol line, or cleaning passage facility, which is not a main facility for transporting passengers and freight, and it is desirable that the Han River Maintenance Basic Plan should be reviewed in a long-term perspective along with the legal review related to the restriction on activities in the water-source protection area under the Water Supply and Waterworks Installation Act after the establishment of the Basic Plan for the Maintenance of Han River which is in progress by the Ministry of Construction and Transportation.

(2) On May 5, 2004, the Seoul Special Metropolitan City and the Han River Park Business Office held three interim meetings for design service and one advisory council meetings for the installation of fish ladders. On May 5, 2004, the underwater field was discussed as follows: (a) the operation of a vessel for the management of a river is dualized and the operation of a vessel for the management of a river as it is not easy to flow through a water source protection area; and (b) the class A literature map in the Gangwon-gu Seoul Special Metropolitan City and the Han River Park Business Office, which was originally planned in the research and study of the Han River ecosystem ( July 2002), was discussed as a plan for the operation of a vessel by means of a flight line as a stairs-type; and (c) on March 5, 2004, the final report of the design service held in the meeting room of the Seoul Special Metropolitan City on March 5, 2004, the basic design is to be installed as a flight of the Han River in the south area, and the Gangwon-do basic design is to be implemented.

(3) Under the above plan, the Seoul Special Metropolitan City invested the project cost of KRW 10.8 billion from December 2, 2004 to November 2006, and completed the fish-do installation work on the south side of the diving room.

C. Details of replies after each disposition of the instant case

(1) On July 12, 2005, the Plaintiff’s auditor had filed a civil petition with the Minister of Construction and Transportation requesting data on the section of the map of the South Korea harbor plan, the content of the plan, the present progress, and future schedule. On July 20, 2005, the Minister of Construction and Transportation notified the above leap district of the investigation into the basic research project for inland transportation development in September 2000, that there was no specific limit on the South Korea harbor. However, on September 200, the section of the Han River which is possible to operate the Han River line is about 82.7 km from the Han River basin of the Han River basin of the Han River basin to the flow of the stream of the South Korea at approximately 82.7 km from the Han River basin of the Han River basin of the Han River basin, and as of September 2010, the volume of the water transported from Incheon to Chungcheong to the 8,6110 metric tons.

(2) On July 12, 2005, the above leap district filed a request for the disclosure of information on the details and current status of the Han River Construction Plan with the head of the Seoul Special Metropolitan City on July 12, 2005, and on March 17, 2006, the head of the Seoul Special Metropolitan City notified the above leap district of the plan to discuss the implementation of the project in consultation with the "The Han River Construction Council" on March 17, 2006, but there is no specific implementation plan in relation to the Han River Construction, the central government's light canal project (the Han River-ju Pung-dong, Incheon Gyeyang-dong and Seocheon-dong, Seocheon-gu) in connection with the above implementation of the Han River Construction Project (the Han River-gu, the central government's department). The light canal project is now planned to review the utilization plan of Han River Construction in a mid- to long-term manner, such as logistics transportation.

- Status of reviewing services for light canal services -

1) Current progress

0 In order to take flood control measures at the time of the Coordination Committee for Government Policy Coordination on National Issues in September 2003, the project shall be promoted preferentially.

c) the review decision, as soon as possible;

○ The creation of social consensus through the environmental organization and the inter-regional conference (six times) with respect to the project implementation plan (the ○ project implementation plan is April 2005).

19)

- Discussions for one year whether to organize and operate a public-private council to be held;

- The waterproof channel shall be set up on a plan of 80 meters in width, and the range of 40 meters in width during the period of discussions on light canals (one year);

Enforcement within the territory

2) Process details

○ The Minister of Construction and Transportation shall notify the President of the Korea Water Resources Corporation of the following plan for the implementation of the large canal project on November 2003.

and then, in March 2004, instruction for the review of light canal project.

○ The President of the Korea Water Resources Corporation shall hold DHV consortium (the Netherlands) on August 27, 2004 and ChV Construction Technology Corporation (State)

service contract for the review of feasibility and project plan of the urban canal project (contract period: August 27, 2004)

Conclusion of December 19, 2005

3) Action Plan

0 ○ Gyeong canal projects are implemented for one year from the "Council for Sustainable Development in the Soft River basin" on the basis of the service results.

plan to discuss the section.

(3) On September 12, 2005, the Plaintiff asked the Minister of Construction and Transportation as to whether the plan under the fourth comprehensive plan for national land was implemented in order to link and promote the Han River. On September 13, 2005, the Minister of Construction and Transportation sent a reply to the Plaintiff on September 13, 2005, for the re-examination of the current economic and business contents (from September 19, 2003 to December 2005) in accordance with the decision of the Coordination Committee for Government Policy Coordination (Article 18(1) of the National Land Planning and Transportation Act).

(d) Designation of water source protection areas, etc.;

(1) On March 20, 1995, the sericultural zone in the Han River basin (Seoul Special Metropolitan City Gwangjin-gu, Gangdong-gu, Songpa-gu) was designated as the water source protection area in the Han River basin, which is the upper region of the Han River basin, and eight water intakes have been installed in the above zone, and the Seoul Special Metropolitan City announced on February 2, 2005, the "Arridy water and water supply plan" that is one of the water intakes in the upper region of the Han River basin in the Han River basin in the upper region of the Han River basin in the upper region of the Han River basin in the same water source protection area.

(2) On December 30, 2002, rocks-dong wetlands, an upper region of diving River, was designated as an ecosystem conservation area in accordance with Article 18 of the Natural Environment Conservation Act on October 20, 2004, respectively.

E. Current status of the project site of this case

(1) Each land-use planning confirmation center for the instant project site is located in the urban area, a green belt area, a specific use zone, a district unit planning zone, and a district unit planning zone, respectively.

(2) The instant project site is under the northwest of the Han River locked, and is about 40 meters from the river bank to the river, and about 150 meters from the Dong west. In this site, there is a solid information on steel products operated in parallel with the bridge and concrete, and at the end of the same site, it is installed with the building site at the same end of the building site.

Some of them are the sn beam beam construction, and approximately 2m above the surface of the upper stream to prevent water from being flow for the installation of the sn beam.

4. Determination on whether the instant return disposition regarding the application for permission to occupy and use rivers is legitimate

A. Basic principle of determination

In light of the purport of the provisions of the river Acts and subordinate statutes, the part of the permission for occupation and use of rivers, such as this case, belongs to the free discretion of the management agency, and the management agency examines whether the permission meets the requirements individually in accordance with the contents of the application and its impact on the public safety and interest according to the contents of the application as at the time of the decision on whether to grant the permission. Thus, unless there are special circumstances to deem that the management agency’s decision is unreasonable and unreasonable, the administrative agency’s decision

In addition, pursuant to Article 57 (1) of the Enforcement Decree of the River Act, the authority to permit the occupation and use of land in the project site of this case is delegated to the Mayor of Seoul Special Metropolitan City, and even if the head of Seoul Special Metropolitan City Regional Construction and Management exercises the above authority on behalf of him pursuant to Article 21 of the same Decree, he shall consult with the Seoul Special Metropolitan City Mayor. The purpose of these provisions is to respect the legal and policy decisions of the Mayor of Seoul Special Metropolitan City, who is the authority to permit the occupation and use of land in judging whether the head of Seoul Special Metropolitan City Regional Construction and Management grants the permission to occupy and use a new structure in order to construct a new structure. Accordingly, in the return of this case, the decision of the Mayor of Seoul Special Metropolitan City should be respected,

(b) Whether the installation plan of a park according to the Han River transportation plan can be a ground for disposition;

(1) The existence and existence of the plan

According to the above facts, the Ministry of Construction and Transportation or Seoul Special Metropolitan City did not reach an act such as establishing a detailed implementation plan for the installation works on the project site of this case at the time of the return of this case or thereafter, and allocating budget in the project site of this case.

However, as acknowledged earlier, the contents of Han River Construction Plan are verified in the third and fourth comprehensive national land development plan from the first time from the development of the second general national land from around 1982 to the present time. Thus, in light of the purport of the relevant laws and regulations that the comprehensive national land plan for balanced development and utilization of the national land takes precedence over the plans for the national land formulated under other Acts and subordinate statutes, and that the plans formulated by the State and local governments should be in harmony with the comprehensive national land plan, the existence of the plan itself can be the grounds for the return disposition of this case.

In addition, as part of the fourth comprehensive water resource plan, the Ministry of Construction and Transportation established a long-term comprehensive plan for water resources and conducted a basic survey for inland development, such as promoting the connection and development with Han River Transportation in the future, and planned to implement the project for the use of the river. On March 2004, the President of the Korea Water Resources Corporation ordered the president of the Korea Water Resources Corporation to re-examine the light canal project, and accordingly, entered into a contract for services on the feasibility of the DaHV consortium and light canal project and the review of the project plan. However, considering the fact that the Seoul Special Metropolitan City did not establish a comprehensive water resource plan on July 2001, and conducted the light of the basic survey for the development of Han River, it was reasonable to see that the ground for the suspension of construction of Han River infrastructure and the construction of Han River infrastructure in the form of the Han River to 10 meters of the construction site after 1983, the construction of Han River infrastructure in the form of the Han River and the construction of the Han River only 20 meters of the construction site after 1986.

(2) Possibility of achieving the purpose

The plaintiff asserts that the Han River transport plan itself violates the current legislation, such as the Water Supply and Waterworks Installation Act and the Natural Environment Conservation Act, and that it is impossible to achieve its objectives in terms of technical feasibility, economic feasibility, efficiency, etc.

However, the problem of traffic in the water-source protection area is only an act which has a clear risk of damaging water sources under the current laws and regulations, and only the above act is prohibited, and it does not completely prohibit cargo transportation by using a boat boat line, etc., and it is also a problem that can sufficiently be resolved through the method of improving the system, improving the water system, and improving technology for the treatment of sewage in the cargo line, the purification of water supply system, and the method of technical improvement. ② The area designated as an ecological conservation area under the Natural Environment Conservation Act is prohibited only by the "the alteration of the river structure or the increase or decrease of water level or water quantity" under the current laws and regulations, and there is no evidence to acknowledge the necessity of the above act at a place designated as an ecological conservation area for ship transportation, as well as where there is no difficulty in preserving the area, or where there is a consultation with the Minister of Environment, the above prohibited act is allowed.

Therefore, it cannot be deemed that the Han River Plan conflicts with the current laws and regulations, and (3) even in regard to technical feasibility, economic feasibility, and efficiency issues, matters related to such determination may be deemed illegal only if it is clear that it has high political character or is related to the national interest, and it is not objective and reasonable. In light of the purport of the Framework Act on the National Land which provides that the aforementioned facts recognized as well, all the materials present on the pleading of this case, and the geographical characteristics of the land that connects the continental and the ocean, should be displayed to the greatest extent possible. In light of the purport of the Framework Act on the National Land, the Han River Plan should be deemed as technically, in terms of the development of high-level extremely small dams and excavated and excavated technologies due to the installation of Gap River, the cost reduction due to the extraction of aggregate, the cost reduction of logistics mobility cost, and the creation of employment, and the future leisure industry, the land balanced development, water resources securing, and future leisure industry centered on the inland area.

Since the judgment of the head of the defendant Seoul Metropolitan Government that judged that the land transport was sufficiently different from the direct transport of a scale that is impossible on the basis or inland area, the judgment of the head of the defendant Seoul Metropolitan Government cannot be deemed reasonable, the Han River transport plan cannot be deemed impossible to achieve its purpose.

(3) Whether the plan is discarded

According to the above facts, it can be acknowledged that the Seoul Special Metropolitan City examines the problems of the Han River Construction Plan while reviewing the project site and the Han River Construction Plan in the Han River basin in the Han River basin in the case of this case, but as seen above, the Han River Construction Plan still exists until now as a comprehensive national land plan. In light of the purport of the related Acts and subordinate statutes that the comprehensive national land plan takes precedence over the extension of the national land formulated by other Acts and subordinate statutes and that various plans formulated by the State and local governments should be in harmony with the Han River Construction Plan, it cannot be deemed that the Han River Construction Plan and the Han River Construction Plan have been destroyed solely on the grounds that the Han River Construction Plan planned to install the Han River or the Han River Construction Plan have deliberated internally on the problems of the Han River Construction Plan.

C. Whether the principle of proportionality is violated

As seen earlier, as recognized by the above facts, along with the nature, structure, and feasibility of the Han River Plan as well as the above facts acknowledged. ① Defendant Seoul Special Metropolitan City Mayor constructed a Han River basin of approximately 13.2 billion won for the purpose of building a Han River basin and contributing to the promotion of economic development in connection with the South Korean River transportation plan, etc., contributing to the multi-purpose use of Han River, and securing the project site of this case as the prospective site for the Han River to connect the Han River basin to the Han River basin, ② Defendant Seoul Special Metropolitan City Mayor was examined as having the economic feasibility of a small power plant using the Han River basin of Han River basin of around 1989, but it was not included in the Han River basin plan for the installation of Han River basin, ③ Even if there were special circumstances that require the installation of a small power plant as a substitute for the installation of Han River basin of the Han River basin of this case, it cannot be deemed that the return of the land of this case is reasonable to ensure the administrative purpose of the Plaintiff’s return of the land of this case.

D. Whether the principle of protection of trust is violated

In general, in administrative legal relations, in order to apply the original rule of protecting trust to the acts of the administrative agency, first, the administrative agency should carry out a public check that is the subject of trust to the individual, second, the administrative agency should not be responsible for the trust of the individual. Third, the individual should have carried out any act that is equivalent to the trust of the individual, third, the administrative agency should have conducted any act that is contrary to the above opinion list. Fourth, the administrative agency should have caused a disposition that goes against the above opinion list, thereby infringing the interests of the individual who has trusted the opinion list. lastly, the administrative disposition in accordance with the above opinion list should not be likely to seriously undermine the public interest or legitimate interests of the third party (see Supreme Court Decision 200Du8684, Sept. 28, 200, etc.).

However, according to the above facts, the response made by the Mayor of Seoul Metropolitan Government and its affiliated agencies to the head of the Han River Management Office, which is the affiliated agency of the defendant Seoul Metropolitan Government, or the response made by the head of the above Han River Park Business Office to the head of the Seoul Regional Construction and Management Office, is merely an internal guidance on the matters to be supplemented in the application for permission for occupation and use of rivers from the viewpoint of the department in charge of the duties under the jurisdiction of the head of the Seoul Regional Construction and Management. Based on this, the notification made by the head of the defendant Seoul Regional Construction and Management to the plaintiff is merely an internal guidance on the matters to be supplemented in the application for permission for occupation and use of Han River, and the notification made by the head of the Seoul Regional Construction and Management Office on the basis of the above matters to the plaintiff would re-examine the permission for occupation and use of Han River when the plaintiff applies for permission for occupation and use

E. Sub-determination

Therefore, the rejection of this case by the head of the Seoul Regional Construction and Management Administration is legitimate.

5. Determination on the legitimacy of the instant non-permission disposition regarding the application for the electric utility license

The Electric Utility Act provides for the criteria for the license in Article 7(5) and provides for the electric service in subparagraph 2.

Article 4 (1) 10 of the Enforcement Rule of the Electric Utility Act requires that a person who intends to obtain a license for an electric power generation business with the capacity of power generation facilities and capacity of 3,00 km or less as stated in this case shall submit a copy of a license that can certify the permission of occupancy and use of electric power, etc., and Article 7 of the same Act provides for the criteria for the examination of financial capacity and technical capacity as the criteria for the examination of a license, but the detailed criteria for the examination are not provided for in Article 7 of the same Act.

If the above-mentioned related Acts and subordinate statutes are interpreted systematically, permission to occupy and use a river is based on the core matters of "the permission to occupy and use a power plant for electricity business can be carried out as planned." Even if an application for permission is filed under Article 4 (1) 10 of the Enforcement Rule of the Electric Utility Act, it is necessary to obtain permission to occupy and use a river in order to determine that the electric business can be carried out as planned, but it is not simply the purpose of requesting the application formally, but it is necessary to obtain permission to occupy and use a river in order to determine that the electric business can be carried out as planned. However, it is reasonable to deem that the procedure for permission to occupy and use a river and the procedure for the electric business can be carried out at that time.

Therefore, as long as the application for permission to occupy and use a power plant for the installation of a hydroelectric power plant is rejected, and the return disposition is not revoked, the defendant Seoul Special Metropolitan City Mayor's decision on the permission to use the electric power plant for the plaintiff's electric utility business is lawful regardless of whether the permission to use the electric utility business is a discretionary act, and the above "the permission to use the electric utility business can be implemented in accordance with the plan" itself is a discretionary act, and as long as the permission to use the electric power plant is rejected, the decision of the defendant Seoul Special Metropolitan City is not objective or reasonable. Thus, the plaintiff's argument that the disposition to use the non-permission market for the defendant Special Metropolitan City is unlawful should not be accepted without the need for further review.

6. Conclusion

Therefore, all of the plaintiff's claims seeking the return of this case and the revocation of the non-permission disposition of this case are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Lee Young-young

Judge Limited Award

Judge Park Sung-sung

Site of separate sheet

Related statutes

Electric Utility Act

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "electric utility business" means the electric utility business, the electric transmission business, the electric distribution business, the electric sales business, and the district electric business;

Article 7 (Permission for Business)

(1) A person wishing to operate the electricity business shall obtain permission from the Minister of Commerce, Industry and Energy for each category of the business. The same shall apply where he intends to change the important matters determined by the Ordinance

(2) Where the Minister of Commerce, Industry and Energy intends to grant a license or an amended license for the electric utility, he shall first undergo the deliberation of the Electrical Affairs Commission (hereinafter referred to as the "Electric Affairs Commission") established under Article 53.

(3) No license for two or more kinds of electric utility business shall be granted to the same person: Provided, That this shall not apply to cases prescribed by Presidential Decree.

(4) The Minister of Commerce, Industry and Energy may, if necessary, issue licenses classified by business zones and specific supply districts: Provided, That in the case of the electric generation business, he may issue licenses by electric power plants.

(5) The criteria for the electric utility license shall be as follows:

1. He shall have financial and technological capability necessary to operate the electric utility in the optimum manner;

2. To be able to carry out the electric utility as planned;

3. In cases of an electric distribution business or a district electric business, all or part of a specific supply district of a business area or an operator of the district electric business shall not overlap;

3-2. In a district electric business, not less than 50 percent of electric demand of the relevant specific supply district shall be capable of supplying as prescribed by the Presidential Decree, and the project shall not interfere with the electric supply of other electric utility operators to the consumers of electricity in the neighboring district due to such

4. It shall meet the standards prescribed by the Presidential Decree as necessary for the public interest.

(6) Detailed standards, procedures, and other necessary matters for permission under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Commerce, Industry

Enforcement Regulations of the Electric Utility Act

Article 4 (Applications for Business Licenses)

(1) A person who intends to obtain a license for the electric utility business pursuant to Article 7 (1) of the Act shall submit to the Minister of Commerce, Industry and Energy a written application for the electric utility license (including an application in electronic form; hereinafter the same shall apply) in attached Form 1 accompanied by the documents (including an electronic document; hereinafter the same shall apply) of the following subparagraphs: Provided, That a person who intends to obtain a license for the electric power generation business (excluding the electric power generation business with the power generation capacity of not more than 200 kilowatts) with the power generation facility capacity of not more than 3,00 kilowatt shall submit a written application for the license for the electric utility business in attached Form 1 with the documents referred to in subparagraphs 1, 5, 5-2, 7 and 10 with the power generation facility capacity of not more than 20 kilowatt, along with the documents referred to in subparagraphs 1 and 5 attached Table 1 to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor (hereinafter referred to as the "Mayor/Do Governor"):

5. Where an application is filed for a license for the electricity generation business or the district electricity business, the range of sight of transmission;

5-2. In cases of applying for a license for the electricity generation business or district electric business, a detailed statement of the power generation cost;

7. Documents stating the plan for securing technical manpower for the operation of the electric installations;

10. A copy of a permit that can prove the fact of permission under Article 11 (1) of the Atomic Energy Act for the construction of a nuclear power reactor and related facilities with respect to the use of hydroelectric power plants or nuclear power plants (in cases of an application for permission under way, a copy of the application therefor) where such a permit is filed for the electric power reactor and related facilities under Article 33 (1) of the River Act;

Article 7 (Criteria for Examination of Permission)

(1) The criteria for the examination of financial ability under Article 7 (5) 1 of the Act shall be as follows:

1. The credit assessment referred to in subparagraph 6 of Article 4 shall be good;

2. A plan for raising necessary financial resources shall be specific;

(2) The criteria for the examination of technical capability under Article 7 (5) 1 of the Act shall be as follows:

1. The plan for the construction and operation of electric installations shall be specified;

2. A plan for securing technical manpower capable of constructing and operating electric installations under subparagraph 1 shall be specified in detail;

River Act

Article 12 (Management Office)

(1) National rivers shall be managed by the Minister of Construction and Transportation.

Article 33 (Permission, etc. for Occupancy of Rivers)

(1) Any person who intends to perform an act falling under any of the following subparagraphs (hereinafter referred to as the “occination”) within a river area shall obtain permission from the management agency pursuant to the Presidential Decree: Provided, That this permission shall be accompanied by additional clauses necessary for the prevention of harm and danger to other health and sanitation caused by river contamination:

1. Use of flowing water (including flowing water from the river bed);

2. Occupancy of land;

3. Occupancy of river appurtenances;

4. New construction, reconstruction, or alteration of a structure: Provided, That except where any river work is performed with permission granted pursuant to Article 30; 5. Excavation, banking, cutting of land, or alteration of the form and quality of land;

6. Collection of soil, stones, sand, gravel, and other river products prescribed by Presidential Decree;

7. Installation of ice rinks and excursion ship wharfs;

8. Planting of plants as prescribed by the Presidential Decree;

9. Operation of vessels as determined by the Presidential Decree.

(2) Where the management agency grants permission referred to in paragraph (1), it shall announce it publicly under the conditions as prescribed by the Presidential Decree.

(3) Detailed standards for permission under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

(4) The Minister of Construction and Transportation shall, when he intends to determine or modify the detailed standards under paragraph (3), consult in advance with the heads of administrative agencies concerned.

Article 82 (Delegation and Entrustment of Authority)

(1) Part of the authority of the Minister of Construction and Transportation under this Act may be delegated to the Mayor/Do Governor or the head of the Regional Land Management Office (including the head of Jeju Development and Construction Office and the head of the flood control office) under the conditions as prescribed by the Presidential Decree.

Enforcement Decree of the River Act

Article 21 (Blanket Handling, etc. of Combined Permitted Matters)

(1) Where two or more of the matters to be permitted under Articles 30 (1) and 33 (1) of the Act overlap or are controlled mutually, and where the principal matters to be permitted under the classification of the attached Table 2 and the matters to be permitted overlapping or related thereto belong to the management agency concerned, the management agency may grant permission including the matters to be permitted overlapping or related thereto on the principal matters to be permitted.

(2) In cases where the authority concerning the principal permitted matters under the classification of the attached Table 2 and the authority concerning the overlapping or related permitted matters comes to belong to different agencies under the provisions of Article 57, notwithstanding the provisions of the said Article, the agency which holds the authority concerning the principal licensed matters may grant permission, including the permission overlapping or related matters, to the principal licensed matters. In this case, the head of the agency having the authority concerning the principal permitted matters shall consult in advance with the head of the agency having the authority concerning the matters to be

[Attachment 2] Complex Permission (Related to Article 21) Article 57 (Delegation of Authority)

(1) Of the authority of the Minister of Construction and Transportation pursuant to Article 82 (1) of the Act, the following authority shall be delegated to Mayors/Do Governors:

1. The following authority with respect to national rivers:

(b) The permission for occupying and using rivers and its publication under the provisions of Article 33 (1) 2 and 6 through 9 of the Act;

(2) Pursuant to Article 82 (1) of the Act, the authority falling under each of the following subparagraphs among the authority of the Minister of Construction and Transportation shall be delegated to the head of the Regional Construction and Management Administration (referring to the head of the Regional Construction and Management Administration having jurisdiction over the longest section in cases falling under subparagraph 1 (h), (j) and (2

1. The following authority with respect to national rivers:

(w) Permission to occupy and use a multi-purpose dam (excluding multi-purpose dams), 4 (excluding multi-purpose dams and river mouth banks), and 5 of the Act and the publication thereof under the provisions of Article 33 (1) 3 (excluding multi-purpose dams), 5 of the Act;

Water Supply and Waterworks Installation

Article 5 (Designation, etc. of Water-source Protection Areas)

(1) The Minister of Environment may designate an area deemed necessary for securing water sources and preserving the water quality as a water source protection area (hereinafter referred to as "water source protection area") or alter such area.

(2) The Minister of Environment shall, when he designates or alters a water source protection area under paragraph (1), make an appeal therefor without delay.

(3) No act falling under any of the following subparagraphs shall be performed in the water-source protection area designated and publicly announced under the provisions of paragraphs (1) and (2):

1. Dumping water pollutants or specific substances harmful to water quality under subparagraphs 7 and 8 of Article 2 of the Water Quality Conservation Act, toxic chemicals under subparagraph 7 of Article 2 of the Toxic Chemicals Control Act, agricultural chemicals under the Agrochemicals Control Act, wastes under subparagraph 1 of Article 2 of the Wastes Control Act, sewage and excreta under subparagraphs 1 and 2 of Article 2 of the Sewerage Act, or livestock excreta under subparagraph 2 of Article 2 of the Act on the Management and Use of Livestock Excreta;

2. Other acts prohibited by the Presidential Decree, which have the dangers to pollute water sources.

Enforcement Decree of the Water Supply and Waterworks

Article 8 (Prohibited Acts within Water-source Protection Areas)

(1) The term “prohibited acts prescribed by the Presidential Decree” in Article 5 (3) 2 of the Act means the following acts:

1. Raising livestock by setting up and raising livestock;

2. Swimming, taking a bath, washing clothes, or riding a boat or yachting;

3. Playing, camping, or cooking outside;

4. Catching or cultivating fish and shellfish: Provided, That fishing prescribed by Ordinance of the Ministry of Environment shall be excluded;

5. Washing cars;

6. The act of cultivating crops in the area that falls under a river area provided for in Article 2 (1) 2 of the River Act: Provided, That the act of cultivating environment-friendly agricultural products provided for in Article 16 (1) of the Environment-Friendly Agriculture Fosterage Act (excluding any general environment-friendly agricultural products; hereafter the same shall apply in this paragraph) according to the certification standards provided for in Article 17 (3) of the same Act shall be excluded.

Water-source Management Rules

Article 10-2 (Fishing in Protection Zone)

(2) The term "fishing activities prescribed by Ordinance of the Ministry of Environment" in the proviso to Article 8 (1) 4 of the Decree means fishing activities conducted as deemed inevitable for the protection, management and improvement of water quality, and for the improvement of water quality, and fishing activities using a self-net or fishing boat. In such cases, vessels to use shall be limited to non-powered vessels or electric power-driven vessels of not more than 20 miles.

Natural Environment Conservation Act

Article 12 (ecological and Scenery Conservation Area)

(1) The Minister of Environment may designate as an ecological and scenery conservation area any of the following areas, the natural ecology of which needs to be particularly preserved:

1. An area where the state of nature maintains primitiveness, or which has great biological diversity to preserve and promote academic research;

2. An area, the topography or geological features of which require conservation for scientific research or maintenance of its natural scenery;

3. An area that can represent diverse ecosystems or an area that is a sample of an ecosystem;

4. An area prescribed by the Presidential Decree that has beautiful natural scenery, such as rivers, mountain valleys, etc. and thus needs special conservation.

Article 15 (Restrictions, etc. on Activities in Ecological and Scenery Conservation Areas)

(1) No one shall damage natural ecology or natural scenery falling under any of the following subparagraphs within an ecological and scenery conservation area: Provided, That where a park area designated by the Natural Parks Act and cultural properties (including a protection zone) pursuant to the Protection of Cultural Properties Act are included in an ecological and scenery conservation area, the Natural Parks Act or the Protection of Cultural Properties Act shall apply:

1. Capturing, collecting, transplanting, damaging, or withering to death wild fauna and flora within the core area, or installing explosives, snares, traps, nets, nets, etc. or spreading or injecting poisonous substances, agricultural chemicals, etc. in order to capture or withering to death;

2. New construction and extension of buildings or other structures (hereinafter referred to as "building, etc.") (limited to an extension made at least twice the total floor area of the building as at the time of designation as an ecological and scenery conservation area), and alteration to the form and quality of land;

3. Altering the structure of a river, lake, marsh, etc. or increasing or decreasing the water level or volume;

4. Gathering soil and rocks;

5. Other acts recognized as harmful to the conservation of the natural environment as prescribed by the Presidential Decree.

(2) The provisions of paragraph (1) shall not apply to any of the following cases:

1. Where it is necessary for military purposes;

2. Where an emergency measure is required due to a natural disaster or disaster corresponding thereto prescribed by Presidential Decree;

3. Where he performs an action prescribed by Presidential Decree, such as an act necessary for the maintenance or improvement of lifestyles of residents residing in an ecological and scenery conservation area, or for the continuation of farming performed at the time of designation as an ecological and scenery conservation area, etc.;

4. Where the Minister of Environment grants permission as prescribed by Ordinance of the Ministry of Environment because he deems that there is no difficulty in preserving the area.

5. Where a project for improving agricultural production infrastructure under Article 2 of the Rearrangement of Agricultural and Fishing Villages Act executes matters included in the master plan for management of areas prior to ecological and landscape maps under Article 14;

6. Where projects are implemented according to the forest management plan pursuant to the Creation and Management of Forest Resources Act, and for the protection of forests and the conservation of forest genetic resources protection forests, without deforestation or diversion of form and quality of land;

7. Where the head of a relevant administrative agency directly implements an authorization, permission, or winning (hereinafter referred to as "authorization, permission, etc.") pursuant to other Acts by the head of the relevant administrative agency. In such cases, the head of the relevant administrative agency shall consult with the Minister of Environment in advance.

8. Where the Minister of Environment installs an act and necessary facilities prescribed by Presidential Decree to protect and manage an ecological and scenery conservation area.

Constitution of the Republic of

Article 120

(2) The national land and resources shall be protected by the State, and the State shall develop plans necessary for the balanced development and utilization thereof.

Basic Land Act

The purpose of this Act is to contribute to the sound development of the national land and the enhancement of national welfare by prescribing basic matters concerning the formulation and implementation of plans and policies for the national land.

Article 2 (Basic Conception for Management of National Land) The national land is the basis for all citizens' lives and is the national assets to be handed down to taxes, so planning and policies on the national land shall be formulated and implemented so as to ensure the sustainable development of the national land by keeping its balanced development, enhancing the national competitiveness, and improving the quality of life of the people, on the basis of a harmony between development and the environment.

Article 3 ( balanced Development of National Land)

(1) The State and local governments shall create such conditions of national land as to make all nationals capable of enjoying a stable and convenient life, by ensuring that each area may develop soundly in accordance with its peculiarity, and have the self-supporting competitiveness.

(2) The State and local governments shall create infrastructure for the balanced development between the Seoul Metropolitan Area and non-Seoul Metropolitan Area, between the cities and agricultural, mountainous, fishing and fishing villages, and between the big cities and small and medium cities, and for the development of areas whose living conditions have remarkably underdeveloped.

(3) The State and local governments shall promote the unity and common prosperity among the regions, by facilitating the interchange and cooperation between the regions, and supporting systematically such interchange and cooperation.

Article 4 (Creation of Competitive Conditions of National Land)

(1) The State and local governments shall systematically expand infrastructure of the national land, such as roads, steel roads, ports, ports, airports, water supply facilities, logistics facilities, and information and communications facilities, thereby strengthening national competitiveness and improving the quality of life of the nation.

(2) The State and local governments shall endeavor to efficiently utilize and systematically preserve and manage national land resources, such as farmland, water resources, food resources of forest resources, mineral resources, ecological marine resources, etc.

(3) The State and local governments shall ensure that such geographical characteristics of the national land as to link the ocean with the ocean may be displayed to the maximum extent, by creating the conditions of the national land under which international exchanges may be achieved actively.

Article 7 (Mutual Relations in National Land Planning)

(1) A comprehensive national land plan shall be the basis for a Do comprehensive plan and a Si/Gun comprehensive plan, and a sectoral plan shall be in harmony with a comprehensive national land plan.

(2) A Do comprehensive plan shall form the basis for Si/Gun comprehensive plans to be formulated within the jurisdiction of the relevant Do.

(3) A comprehensive national land plan shall be formulated every 20 years, and a person who has the authority to establish a Do comprehensive plan, a regional plan, and a plan by sector, shall determine the formulation cycle thereof, taking into account the formulation cycle of a comprehensive national land plan.

Article 8 (Relationship to Plans under Other Acts and Subordinate Statutes) A comprehensive national land plan formulated under this Act shall take precedence over any plans for the national land formulated under other Acts and subordinate statutes, and form the basis for such plans: Provided, That the same shall not apply to any plans for military affairs.

Addenda No. 6654, February 4, 2002

Article 2 (Abolition of Other Acts) The Act on Comprehensive Plans for Construction in the National Territory shall be repealed.

Article 3 (General Transition Measures) Any disposition, procedure, or other act under the previous Act on Comprehensive Plans for Construction in the National Assembly at the time this Act enters into force shall be deemed to have been performed under the provisions of this Act.

Article 4 (Transitional Measures concerning Comprehensive Plan for National Land and Do Comprehensive Plans) Any comprehensive plan for construction in accordance with the previous Act on Comprehensive Plans for National Land at the time this Act enters into force, shall be deemed a comprehensive plan for comprehensive national land and a comprehensive plan for Do construction formulated under this Act

Gu Act on Comprehensive Plans for Construction in the National Territory (before repealed by Act No. 6654, 02)

Article 3 (Classification of National Land Plans)

(2) The term "national plan" means a comprehensive construction plan formulated by the State for a metropolitan area extending into the entire area of national land or into at least two degrees (including the Special Metropolitan City and Metropolitan Cities).

Article 15 (National Plans)

(1) The heads of central administrative agencies shall prepare a written request for all national plans with respect to projects to be decided on a national plan and submit it to the Minister of Construction and Transportation.

(2) The Minister of Construction and Transportation shall, upon receiving a request for national plan pursuant to the provisions of the preceding paragraph, exercise overall control over its adjustment, and prepare the national plan through the deliberation of the Council.

(3) The national plan prepared under the preceding paragraph shall be publicly announced after deliberation by the State Council.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to any modification to the national plan already determined.

(5) The Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors may present their opinions on national plans related to such jurisdiction to the Minister of Construction and Transportation via the Minister of Home Affairs.

Government Organization Act

Article 43 (Ministry of Construction and Transportation)

(1) The Minister of Construction and Transportation shall administer the duties concerning the formulation and coordination of comprehensive national land plans, the conservation, utilization, and development of national land and water resources, the construction of cities, roads, and houses, coasts, rivers, reclamation by drainage, land transportation, railroads, and aviation.

former Government Organization Act (amended by Act No. 7256 of December 30, 2004)

Article 43 (Ministry of Construction and Transportation)

(1) The Minister of Construction and Transportation shall take charge of the affairs concerning the formulation and coordination of the comprehensive national land development plan, the conservation, utilization, and development of national land and water resources, the construction of cities, roads, and houses, coasts, rivers, reclamation by drainage, land transportation, and aviation.

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