1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

With respect to the instant case cited in the judgment of the court of first instance, this Court added the following judgments to the reasoning of the court of first instance, and cited the “The circumstances alleged by the plaintiff and the evidence presented by the plaintiff” in Section 9 of Chapter 24 of the judgment of the court of first instance as “if all of the circumstances alleged by the plaintiff and the evidence presented by the plaintiff are examined,” as stated in the reasoning of the judgment of the court of first instance. Therefore, this Court cited it as it is in accordance with Article 8(2) of the Administrative Litigation

Permission for development activities under Article 56 (1) of the National Land Planning and Utilization Act to be added

The issue of whether the requirements are met because there are many parts prescribed as indefinite concepts is within the area of discretionary judgment of administrative agencies.

Therefore, in principle, the judicial review of this case is subject to whether there is deviation or abuse of discretionary power in consideration of the possibility of discretion of the administrative agency on the public interest judgment of the administrative agency, and whether there is a violation of the principle of mistake of facts and proportionality and equality shall be the basis for the determination.

(see, e.g., Supreme Court Decisions 2004Du6181, Jul. 14, 2005; 201Du29205, Dec. 13, 2012). Moreover, with respect to deviation or abuse of discretionary power, a person who contests the validity of such administrative act bears the burden of proof.

(see, e.g., Supreme Court Decision 87Nu861, Dec. 8, 1987). In particular, when examining whether an administrative agency’s permission to engage in development activities that are likely to cause environmental damage or pollution is deviation or abuse of discretionary authority, the determination should be made carefully by comprehensively taking into account the legislative purport of various regulations on the balance of rights and interests and the protection of environmental rights among interested parties who have conflicting interests with the specific local situation, such as the actual use of land and living environment of the residents

Therefore, the review and judgment are ① All citizens of the Constitution live in a healthy and pleasant environment.