중소기업창업사업계획승인신청불승인처분취소
1. The defendant's appeal is dismissed.
2. Of the costs of appeal, the part pertaining to the participation by the Defendant’s Intervenor is the Defendant’s Intervenor.
1. Details of the disposition;
A. On November 23, 2012, the Plaintiff, a corporation engaged in the business of collecting and selling land aggregate and the business of producing non-metallic minerals, applied for approval of a small and medium enterprise establishment business plan (hereinafter “instant business plan”) with the aim of constructing a factory for manufacturing non-metallic minerals crushing in the north-dong, Dong-dong and 18 lots (hereinafter “the instant application site”) located in Seoan-gu, Chungcheongnam-gu (hereinafter “instant factory”).
Grounds for rejection - In this area, civil petitions that wish to resolve noise, vibration, dust, waste water, etc. caused by factory location, and civil petitions that wish to resolve environmental damage and underground water due to sewage, vibration, waste water, etc., - It is judged that there is a significant impact on the surrounding environment, such as adoption of opposing opinions on the petition of the Council (Industrial Construction Committee) in the astronomical City Council.
After completing consultation with the relevant department, the Defendant referred the instant project plan to the deliberation of the Urban Planning Committee in Yanan City, the instant project plan was rejected on September 5, 2013 by the deliberation of the Urban Planning Committee. On September 12, 2013, the Defendant rejected the Plaintiff’s application for approval of the instant project plan on the following grounds:
(hereinafter "Disposition in this case"). 【No dispute exists, entry in Gap's evidence 1 through 3, 6, 7, 9, and Eul's evidence 8 through 11, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. Even if the factory of this case is completed and operated in accordance with the Plaintiff’s alleged business plan, the Plaintiff did not recycle the used wastewater and did not control dust by operating the damp process, and planned to prevent vibration generation by installing vibration reduction facilities, such as carbon support facilities and dust-proof facilities. Since it is merely a noise level of 43.4 square meters at a noise level anticipated to be generated, it would have a significant impact on the environment, such as environmental damage caused by noise, vibration, dust, waste water, and waste water.