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(영문) 전주지방법원 2021.02.04 2020구합1060
전기사업허가변경신청불허가처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established to operate solar power generation business.

Pursuant to Article 7 of the Electric Business Act on February 13, 2017, the Plaintiff obtained a license for the solar power generation business (hereinafter referred to as “electric power generation business in this case”) from the former Do Governor to the former Do Governor, in accordance with the capacity of 497.25km and the preparatory period of the business, from February 13, 2017 to February 12, 2020.

B. As to the instant electric generation business, the Plaintiff received permission from the Defendant for development activities (from June 2017 to December 31, 2018) under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and permission for mountainous district conversion under the Mountainous Districts Management Act (from November 2017 to December 31, 2018).

Since then, on December 2018, the Defendant extended the period of conversion of mountainous districts to December 31, 2020, and on January 31, 2019, the period of business of development activities was extended to December 31, 2020.

(c)

On the other hand, the Defendant was delegated by the former Do governor with the authority to permit electric power generation business up to 1,00km, extend the period of preparation for business, revoke business licenses, etc. (Article 7(1), Article 9, Article 12, etc. of the Electric Business Act) pursuant to the provisions on delegation and entrustment of administration authority around June 26, 2019 and the former Do Ordinance on the Delegation of Administrative Affairs.

(d)

On April 10, 2020, the Plaintiff filed an application with the Defendant for change of business license (hereinafter “instant application”) to the effect that the Defendant would extend the preparatory period for the purpose of design change of the instant electric generation business (hereinafter “instant application”).

However, on April 21, 2020, the Defendant rendered a disposition rejecting the instant application on the ground that the period of preparation has elapsed since the Plaintiff had to install electric installations necessary for the business within the period of preparation of the business pursuant to Article 9 of the Electric Business Act and the business was not commenced without commencement, and that the Defendant would have to cancel the license for the electric generation business of this case pursuant to Article 12(1)2 of the Electric Business Act (hereinafter “instant disposition”).

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