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(영문) 서울고등법원 2021.03.17 2020누47092
개발행위불허가처분취소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. As travel business operators operating chartered buses, etc., the Plaintiffs filed an application with the Defendant for permission to engage in the development of the instant land between November 201, 2013 and from around 2014, in order to create a bus-to-land site for bus-to-land notification in the E-mail area (hereinafter “instant land”).

B. In the vicinity of the instant land, the instant land constitutes a restricted protection zone (within 1km relating to explosions) under the former Protection of Military Bases and Installations Act (amended by Act No. 12902, Dec. 30, 2014; hereinafter “Military Bases Act”) and the flight safety zone (former Zone No. 2), which is located near the instant land. Accordingly, the Defendant requested the head of the jurisdictional unit, the head of the air ForceF combat group, the commander of the jurisdictional unit (hereinafter “head of the combat flight”) to consult about whether to permit the Plaintiffs to engage in development activities. On May 16, 2014, the head of the combat flight responded to the flight safety zone, on the ground that the head of the combat flight group affected the flight safety, and that the safety distance from the explosive storage in relation to the restricted protection zone is not adequate.

1) The instant land is located within the restricted protection zone (within 1km related to explosions) and is prohibited from the installation of new buildings and structures.

2) The instant land is located within a zone No. 2 of the flight safety zone and located within a radius of 710 meters from the 1st calendar (the end end of the runway) and may affect the safety of flight by causing interference of pilots’ view and confusion with the runway at the time of operation by large buses in the vicinity of the runway, such as the taxiway of the runway.

3) In addition, the area concerned is a section where an aircraft is strong and approaching less than 400 m (121m) and is likely to be mistaken as an air light at ordinary times, but it is likely to be mistaken in the event of a malicious correction, and it may interfere with the identification of reference material from the perspective around the runway due to the phenomenon of light times if there is a high water powder, dust, etc. in the atmosphere.

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