정보공개거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Defendant, a public corporation established pursuant to the Incheon International Airport Corporation, was implementing the construction of the second passenger terminal of Incheon International Airport in the land of approximately 1,587,490 square meters in the Jung-gu Incheon International Airport Corporation (hereinafter “instant land”).
B. On June 10, 2014, the head of Yeongdeungpo-gu Incheon Metropolitan City branch office (hereinafter referred to as the “head of Young-gu branch office”) collected three samples from some of the instant land to verify soil contamination, and requested the Health and Environment Research Institute of Incheon Metropolitan City to conduct a soil contamination inspection. As a result of such inspection, one of the instant land was found to have discovered an insane of 502.3mg/km exceeding 400mg/km of the soil contamination level as stipulated in Article 4-2 of the Soil Environment Conservation Act.
On July 9, 2014, the head of Jung-gu Incheon Metropolitan City (hereinafter referred to as the "head of Jung-gu") ordered the Defendant to conduct a detailed soil survey on the instant land and submit an implementation report pursuant to Article 11(3) of the Soil Environment Conservation Act (hereinafter referred to as the "instant order") on the ground that the Defendant was found to have infinites exceeding the soil contamination level as above.
C. On October 29, 2014, the Defendant requested the Environmental Health Technology Institute to conduct an investigation to clarify the cause of soil contamination, etc. of the instant land. On January 28, 2015, the Environmental Health Technology Institute submitted to the Defendant a report on the fact that the influence of the instant land exceeds the soil contamination level due to natural causes.
On May 6, 2015, the Defendant submitted to the Minister of Environment a risk assessment plan to assess the degree of risks to human body and the environment on the basis of the above report by the Environmental Health Technology Institute pursuant to Article 15-5 of the Soil Environment Conservation Act.
The defendant, on June 10, 2015, sought revocation of the instant order against the head of the Jung-gu Office, the Incheon District Court 2015Guhap51822, and “related litigation” (hereinafter referred to as “related litigation”).