토양정밀조사명령 취소청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was a public corporation established pursuant to the Incheon International Airport Corporation for the purpose of the management, operation, maintenance, repair, etc. of the Incheon International Airport Corporation. As to approximately 1,587,490 square meters of land in the Jung-gu Incheon International Airport (Yeongdo) (hereinafter “instant land”), the Plaintiff was performing the construction of the second passenger terminal in the Incheon International Airport.
B. In order to verify soil contamination on June 10, 2014, the Defendant collected three samples about part of the instant land where the created construction is underway, and requested the Health and Environment Research Institute of Incheon Metropolitan City to conduct an inspection of soil contamination. As a result, the Defendant discovered at one soil contamination level more than 400 g/km of the soil contamination level as stipulated in Article 4-2 of the Soil Environment Conservation Act.
C. On July 9, 2014, the Defendant is against the Plaintiff.
The Soil Environment Conservation Act, Article 11(3), etc. (hereinafter “instant disposition”) issued an order to conduct a detailed soil survey on the instant land pursuant to Article 11(3) on the ground that the risk level was detected as described in the subsection. D.
The Plaintiff appealed and filed an administrative appeal seeking the revocation of the instant disposition with the Incheon Metropolitan City Administrative Appeals Commission, but the said claim was dismissed on March 2, 2015.
E. Meanwhile, the Minister of Environment accepted the instant land by submitting a plan to assess the degree of risk of soil contaminants to human body and the environment, taking into account the type and degree of risk assessment contaminants as stipulated in Article 15-5 of the Soil Environment Conservation Act, surrounding environment, future land utilization plan, and other necessary matters as to the instant land. As such, the Defendant had already included a detailed soil survey in the foregoing risk assessment on July 9, 2015, and thus, the instant disposition was temporarily suspended by deeming that the instant disposition could substitute for the assessment of risk.
[Ground of recognition] Unsatisfy, Gap, 1.