공장설립불승인처분취소
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 Plaintiff, a company engaged in aggregate construction, aggregate extraction, and manufacturing and selling business, was equipped with a business plan with the content of manufacturing aggregate by constructing a factory on the 7,611 square meters of the Gu-U.S. B warehouse site (hereinafter “instant application site”) and crushing non-metallic minerals.
B. Accordingly, on February 5, 2018, the Plaintiff filed an application for approval to establish a new aggregate production plant (7,611 square meters in the site for factory, 430.37 square meters in the size of manufacturing facilities, and 339.60 square meters in the size of auxiliary facilities; hereinafter “instant factory”) with the Defendant in the instant application site.
C. Accordingly, on March 14, 2018, the Defendant held a civil petition coordination committee of the Gu and Si (hereinafter “civil petition coordination committee”). The civil petition coordination committee decided to “Review” on the grounds of holding resident briefing sessions, submitting measures to reduce fugitive dust noise, etc.
On May 3, 2018, the defendant again held the civil petition mediation committee, and the civil petition mediation committee decided to "non-approval" of the plaintiff's application for approval for factory establishment for the following reasons.
The results of deliberation: Ten persons who attend the non-approval, 7 persons who do not have any opinion, 1 persons who hold no opinion, and 2 persons who hold a withholding.
Measures such as noise, dust, etc. against threats to the right to life are insufficient.
After obtaining the first permission for the purpose of using land (forest) purchased without consideration for factory location, it did not use it for the original purpose, and it did not cause a civil petition by linking the second project after changing the form and quality.
The road is so narrow that it is likely that the traffic of large vehicles will be dangerous.
Since a construction plan covering only packaging is a construction plan for mechanical equipment installed in Nowon-do, it is insufficient to minimize fugitive dust generation and noise according to the contents of environmental impact assessment.
The size of machinery and equipment shall be fully secured and the installation plan, such as machinery and equipment, shall be supplemented and consulted with residents.
In a location adjacent to the living environment of residents.