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(영문) 대법원 2015.12.10 2015두2338
산업단지의 지정 및 산업단지계획 승인 처분 취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1, 2, and 3

A. The term "administrative plan" means a set of activity criteria to realize order at a certain point in the future by comprehensively coordinating administrative means related to one another in order to achieve a specific administrative objective based on professional and technical judgments on administration. Since the relevant Acts and subordinate statutes only provide abstract administrative goals and procedures, but do not provide any specific provision regarding the contents of the administrative plan, the administrative body has a relatively broad freedom in formulating and determining a specific administrative plan. However, there is a limitation that the freedom of formation, which the administrative body has, is not unlimited but also between public and private interests, as well as between public and private interests, there is a need to fairly compare the interests of the persons involved in the administrative plan as well as between public and private interests. Thus, if the administrative body fails to pay a balance of interests at all in formulating and determining the administrative plan, or omits any matter that should be included in the subject of consideration of the balance of interests, or where legitimacy and objectivity are lacking, the decision of the administrative plan is unlawful due to the defect in the balance of interests (see, e.g., Supreme Court Decision 2013Du2086, Jul. 23, 2015).

The judgment below

According to the reasoning of the judgment below, it is difficult to see that the defendant's investigation on the demand for occupancy in the disposition of this case was insufficient, and even if there are some defective parts.

In formulating and determining the industrial complex plan of this case, which is an administrative plan, the purport that there is no error, such as omitting the matters to be included in the subject of consideration of balancing interests, or lacking objectivity.

C. Legal principles as seen earlier and legal principles.

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