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(영문) 서울행정법원 2018.08.17 2017구합57066

도로구역 결정고시 취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. A. Around June 2008, the Defendant reviewed the construction of the Seoul through Sejong Special Self-Governing City (hereinafter “instant Highway”) in order to resolve habitual traffic congestion of the border highways and the secondary highways, stabilize Sejong Special Self-Governing City, and develop regional connections. To this end, the Korea Expressway Corporation has conducted a basic survey (survey) which examines all matters necessary for the construction and operation of the instant Highway, and prepared a “comprehensive report on the basic survey of the Seoul through Sejong Special Self-Governing City, including detailed route plans and environmental impact reviews, around November 2009.”

B. From August 10, 2009 to September 5, 2009, the Defendant submitted a resident’s opinion while conducting a resident’s prior examination of the environmental review of the instant expressway. On August 14, 2009, the Defendant held a resident’s explanation meeting at the Seoul National University on behalf of Gwangju City, Sungnam-si, and Chungcheongnam-si.

C. After November 19, 2015, the Defendant promoted the entire sections of the instant highway as transfer-lease projects; however, in consideration of the urgency of the project, the Seoul-do Highway Corporation first decided to proceed with the project and later convert it into transfer-lease projects.

Accordingly, on November 25, 2015, the defendant ordered the Korea Highway Corporation to implement necessary follow-up measures, such as strategic environmental impact assessment, design, etc. for the construction of the Seoul-do Highway among the instant highways.

On April 21, 2016, the Defendant held a briefing session for residents in relation to strategic environmental impact assessment in the area of Sungnam-gu among the instant highways at the time at the residents' center in Gwangju-si, Gwangju-si. At the time, there was a request from the residents of Gwangju-si, directly-dong Village (hereinafter referred to as "directly-dong Village") that created the routes of the area adjacent to Gwangju-nam, which corresponds to Section 10 in the area of Sungnam-gu, the Highway of this case at the time.

(e)for the residents of a dong village on April 27, 2016;