폐기물처리사업계획서부적정통보처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the disposition;
A. On October 29, 2013, the Plaintiff filed a waste disposal business plan (hereinafter “instant business plan”) with the Defendant pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) of the Enforcement Rule of the same Act, with respect to a company with the purpose of final waste disposal business, and with respect to 34 square meters in total, including 2,797 square meters of forest and field B in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant site”).
B. After gathering opinions from the Korea Environment Corporation, etc., on December 19, 2013, the Defendant, as shown in attached Form 2, examined human health and environmental impact by installing waste disposal facilities under Article 25(2)4 of the Wastes Control Act, and notified the Plaintiff of improper notification of the instant project plan on the ground that “the Plaintiff’s inappropriate construction of waste disposal facilities is likely to adversely affect the health or surrounding environment.”
(hereinafter referred to as the "disposition of this case"). Each of the statements and the purport of the whole pleadings in the evidence Nos. 1 through 3, 39 (including numbers, if any; hereinafter the same shall apply) of the ground for recognition
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion was unlawful since each of the grounds for the instant disposition was erroneous or abused by mistake of facts or lack of rationality as follows.
1) The improper grounds for the instant project plan include improper reasons for the installation, equipment, etc. are limited to the recommended matters to supplement, or to state, unclear or omitted parts, or to use more appropriate construction methods, and it is possible to sufficiently revise and supplement them in the course of carrying out the project. 2) In consideration of the demand for waste that will occur in the field of Chungcheong and Sejong City, and in the course of carrying out the project, a landfill facility is installed in Cheongyang-gun.