TITLE	Supreme Court Decision 2017Du39785 Decided July 9, 2020 ¡¼Revocation of Disposition Disapproving Development Activities¡½ [full Text]
Summary
[1] Whether any act falling under the matters on which the head of the relevant administrative agency may ask for a consultation with the Minister of National Defense or the commander of the jurisdictional unit under the former Protection of Military Bases and Installations Act interferes with military operations or is feared to interfere with military operations is included in matters regarding a high level of professional and military determination (affirmative), and whether discretion may be given to the Minister of National Defense, the commander of the jurisdictional unit, etc. with respect to such determination (affirmative) [2] Whether the results of the specialized qualitative evaluation performed by the administrative agency ought to be respected if possible unless there are special circumstances (affirmative), and where the burden of the proof on whether there are extenuating circumstances where discretion is abused or misused lies (held: a person who insists thereon) Whether this legal doctrine is likewise applicable in the case where the Minister of National Defense, the commander of the jurisdictional unit, etc. professionally and militarily undertook qualitative evaluation as provided by the relevant law, such as the former Protection of Military Bases and Installations Act (affirmative)

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