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(영문) 창원지방법원 2019.11.21 2019구합50463
공사중지명령무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. On December 8, 2017 and on the 14th of the same month, the Plaintiffs were licensed to generate electricity in order to operate solar power generation business to the Southern-Gun G and H (hereinafter “instant application site”) by the Gyeongnam-do Governor.

B. On December 26, 2017, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to install solar power generation facilities in the instant application site (area 29,954 square meters).

C. On February 2018, the Defendant sent to the Yeongsan Seomjin Basin Environmental Office a public letter of consultation on small environmental impact assessment. On April 3, 2018, the Yeongsan Seomjin Environmental Basin Office notified the Defendant of the following details of consultation:

Since wild animals, including legal protected species, are verified in the vicinity of the project area, additional reduction measures shall be prepared and implemented with the advice of the relevant experts, etc., if the legal protected species are discovered at the time of construction.

D. On May 23, 2018, the Defendant permitted the Plaintiffs to engage in development activities for the installation of solar power infrastructure in the instant application site, and the Plaintiffs commenced construction works for the installation of solar power infrastructure on June 23, 2018.

(hereinafter “instant construction project”). E.

On August 7, 2018, the Defendant notified the Yeongsan River Basin Environmental Office of a plan to take measures for the contents of the consultation on small environmental impact assessment, which includes the following, submitted by the Plaintiffs:

In the literature survey, the number of the legal protective species was examined, and the new legal protective species was observed in the field survey, and the construction work will be performed after establishing appropriate protective measures after consulting with experts to suspend the construction work and minimize damage to the habitats in case of discovery of such populations or habitats at the time of construction work.

F. On August 22, 2018, September 3, 2018, the Yeongsan River basin Environmental Office: (a) conducted a joint and on-the-spot survey on the instant application site; and (b) on September 6, 2018, based on the results of a field survey on the following table 1, the Defendant is subject to the content of consultation as set forth in Table 2:

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