1. On August 2, 2017, the Defendant’s disposition of non-permission for each of the electrical business against the Plaintiffs is revoked.

2...

1. Details of the disposition;

A. On June 14, 2017, the Plaintiffs filed an application for an electricity business license (hereinafter “instant application”) with the Defendant, as indicated below, to install solar power generation facilities on the 25,007 square meters of the F forest in Ansan-si (hereinafter “instant land”).

Plaintiff

5,130.16 BH 4,950.16 C I4,950 30.16 DJ 4,950 30.16 DJ 4,950 30.16 E K 5,027 4.4

B. On August 2, 2017, the Defendant notified the Plaintiffs of non-permission regarding the instant application on the following grounds (hereinafter “instant disposition”).

The application for non-permission shall be dismissed due to the failure of the permission for development activities under the provisions of Article 13 (1) [the location within 500 meters from the roads (500 meters from the L national highways)] of the Guidelines for Operation of Permission for Development Activities at Ansan-dong.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including each number, hereinafter the same shall apply), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In the instant case, the Defendant’s major grounds for the disposition in the instant case are the grounds that the instant application is not subject to permission for development activities pursuant to Article 13(1) of the Guidelines for Operation of Permission for Development Activities (hereinafter “instant Guidelines”).

However, the instant guidelines set the detailed standards for permission for development activities by the Defendant, who is the permitting authority, pursuant to each successive delegation of Article 58 of the National Land Planning and Utilization Act, which is a superior law (hereinafter “National Land Planning Act”), Article 56(4) of the Enforcement Decree of the same Act, and Article 2 Section 1-2-2 of the Guidelines for Operation of Permission for Development Activities, which is the Ministry of Land, Infrastructure and Transport’s directives. The legal nature of the guidelines is the discretionary standard that set the criteria necessary for exercising discretion

Therefore, it takes precedence over the grounds for the instant disposition.