(영문) 서울고등법원 2012.7.24. 선고 2011누38348 판결

On November 30, 2007, the Defendant confirmed that the construction project part of the electric power resource development project (section 1) is invalid among the approval disposition of the execution plan for electric power resource development project against the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”).

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is as follows, except for the supplement of the plaintiffs' priority argument and judgment, and it is like the entry of the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Supplementary judgment

A. The plaintiffs asserted that the disposition in this case is null and void since the plaintiffs' failure or failure to conduct an environmental impact assessment on the passage of this case is to the extent that it is impossible to achieve the legislative purpose of the environmental impact assessment system, and the degree of the failure to conduct the environmental impact assessment is not sufficient. (b) The plaintiff's allegation is without merit, since the plaintiff's preparation of an environmental impact review report on the passage of this case and submitted it to the defendant before the application for the approval of this case was filed. The main contents of the above environmental impact assessment are as follows. The above environmental impact assessment report are as follows: the contents of the environmental impact assessment are inadequate and the degree of the failure to perform the legislative purpose of the environmental impact assessment system is to the extent that it is impossible to achieve the legislative purpose of the environmental impact assessment system.

A person shall be appointed.

3. Conclusion

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.