폐기물처리시설설치부담금부과처분취소
1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.
Defendant.
1. The reasons for this part of the disposition are as follows: (a) the court’s reasoning is as follows: (b) the reasoning of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act; and (c) the main text of Article 420 of the Civil Procedure Act, except where “water treatment facilities” are used as “waste treatment facilities” under the second part of the judgment of the first instance.
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is unlawful in the following respect.
1) According to Article 4(3) of the Enforcement Decree of the Act on Promotion of Installation of former Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Presidential Decree No. 23700, Mar. 30, 2012; hereinafter “Enforcement Decree of the Act”), the cost of installation of waste disposal facilities shall be calculated on the basis of “the anticipated daily waste amount generated” in calculating the cost of installation of waste disposal facilities.
Nevertheless, Article 3(2)1 of the Ordinance of this case provides that the scale of the facility shall be determined by multiplying the estimated volume of wastes generated per day by 1.3 or more variable factors. This is null and void as it is prescribed by ordinances in addition to an aggravated standard not prescribed by superior statutes. Therefore, it is unlawful for the Defendant to calculate the estimated volume of wastes generated per day by multiplying the variable coefficient by 1.3 in accordance with the above Ordinance.
B) Generally, the volume of waste is likely to be reduced according to the local government’s disposal policy and citizen consciousness development. As such, the amount of waste generated per day in the instant project district should be calculated based on the nationwide quantity of waste generated in 2010, which was published by the Ministry of Environment, based on the most recent time of disposal of the instant case. However, the Defendant calculated the estimated volume of waste generated per day in the instant project district based on the current status of the generation and disposal of waste nationwide in 2008, and is unlawful. 2) The calculation of the area of waste per ton of each waste (i.e., illegality related to the calculation of site purchase cost).