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(영문) 대전지방법원 2018.08.16 2017구합106182
전기사업(태양광발전) 불허가 취소 청구의 소
Text

1. On July 21, 2017, the Defendant’s disposition of non-permission to file an application for an electricity business license with the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. On June 2017, the Plaintiff: (a) installed a solar power generation facility to the Defendant in the 6-7 (hereinafter “instant scheduled project site”); and (b) applied for an electric utility business license to operate solar power generation business (hereinafter “instant application”).

B. On July 21, 2017, the Defendant rejected the Plaintiff’s application for permission on the following grounds.

Article 20(6) [Attachment 4] subparag. 1(e) of the Enforcement Decree of the Management of Mountainous Districts Act - 1(e) of the Enforcement Decree of the Management of Mountainous Districts Act - The implementation of energy generation business by damaging the excellent forest which is a carbon sinks is unreasonable in terms of the contents of the project plan - Article 20(6) [Attachment Table 4] subparag. 1(e)6 of the Enforcement Decree of the Management of Mountainous Districts Act that maintains the excellent standing timber of at least 8 cm from 203 cm to 24 cm, and the high standing timber of at least 10 cm within the place where the application is filed for permission for the installation of solar power facilities is filed - The need to preserve the surrounding natural landscape as it falls under subparagraph (1)(a) of [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act [Attachment Table 1-2] - It is in conflict with Article 4 of the Guidelines for the Management of solar Power Facilities on Agricultural and Fishing Roads 200 meters (Do).

2. Summary of the plaintiff's assertion

A. The instant application seeking permission for the electricity business under the Electric Utility Act is a separate procedure distinct from the application for permission for development activities to install power plants in a certain place.

Therefore, although the defendant applied the criteria for permission under the Electric Utility Act and decided whether to grant permission, which is a separate procedure for permission, the Management of Mountainous Districts Act and the National Land Planning and Utilization Act are applied.

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