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(영문) 광주지방법원 2017.06.01 2016구합12875
전기사업(태양광발전)불허가처분 취소
Text

1. On November 8, 2016, the Defendant’s disposition of non-permission to operate the electricity business (solar power generation) against the Plaintiffs is revoked, respectively.

2...

Reasons

1. Details of the disposition;

A. On October 4, 2016, the Plaintiffs filed an application for the electrical business license with the following main contents to the Defendant (hereinafter “each of the instant applications”).

The term "G, G, and H (land: 1,457 square meters, 99kW)" in "F, G, and H (land: 1,35 square meters, 97 square meters, and 99kW)" in the context of preparation necessary for the business concerning the electrical facilities for the electricity business of the Plaintiff, the place of installation of the Plaintiff's business, and the type of nuclear power generation: solar power generation - supply voltage: 380 V/2, 90 V: 380 V: 60Hz- radio frequency capacity: 99kWp - B" and "F and E (land: 1,457 square meters, 99kW)" in "D" and "J (land: 1,457 square meters, 99kW)" in the context of I, J (land: 457 square meters, 99kW).

B. However, on November 8, 2016, the Defendant notified the Plaintiffs of the refusal of each of the instant applications (hereinafter referred to as “each of the instant dispositions”) on the following grounds: (a) each of the sites on which the Plaintiffs entered as the place of installation (hereinafter “each of the instant sites”) is located “within 200 meters in a straight line from the main road” subject to Article 7(1)2 of the Guidelines for Operation of the Permission for Development Activities of Jindo-gun (hereinafter “instant Guidelines”); and (b) the Plaintiffs were located within “within 200 meters in a straight line from the main road.”

C. Meanwhile, around September 2016, the Defendant issued the instant guidelines to Jindo-gun Directive No. 405, and went into effect from October 4, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The instant provision is based on the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

The Ministry of Land, Infrastructure and Transport Guidelines, Enforcement Decree of the National Land Planning Act, and Guidelines for Operation of Permission for Development (Ordinance of the Ministry of Land, Infrastructure and Transport No. 569

(2) The provisions of this case are referred to as "the criteria for the disposal of electric power production facilities" below 'the criteria for the disposal of electric power production facilities (the plan) of Jeonnam-do.

Since the conditions according to the above have not been satisfied.

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