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(영문) 광주고등법원(전주) 2020.09.24 2020누1211
개발행위불허가처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition or dismissal of the following contents, and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act:

The fourth-class 14 to 19 of the judgment of the first instance court shall be as follows.

Permission for development activities under Article 56 of the National Land Planning Act shall be granted discretion to an administrative agency to determine whether the requirements are indefinite concepts. Meanwhile, a judicial review on discretionary action shall take into account the existence of deviation or abuse of discretion by an administrative agency without an independent conclusion, taking into account the room for determination of public interest based on the discretion of the administrative agency. The court shall respect the administrative agency’s intent as far as possible, unless there are special circumstances to deem that the standards established in carrying out discretionary action are objectively unreasonable or unreasonable (see, e.g., Supreme Court Decision 98Du17845, Feb. 23, 199). In particular, when examining whether the administrative agency’s discretion is abused or abused in relation to the permission of development activities that are likely to cause environmental damage or pollution, the administrative agency’s discretion should be determined by comprehensively taking into account the relevant local residents’ land use status and the legislative purport of various regulations on the balance of rights and interests among interested parties with other specific regional circumstances, including living environment, and the legislative purport of the Framework Act on Environmental Policy.

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