대기배출시설설치허가신청 거부처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance. Thus, when comprehensively examining the evidence duly adopted and examined by the court of first instance and the court of first instance, the fact-finding and judgment of the court of first instance are justified, and there is no error of law in matters of law.
Therefore, the reasoning for the court’s explanation on the instant case is as follows, unless it excludes any part used or added as follows, and thus, it is consistent with the reasoning of the judgment of the first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. In the part of the judgment of the court of first instance, the "improvement" of the second half of the judgment of the court of first instance, which is used or added, shall be construed as "improvement," and the "retirement facilities" of the fifth eighth shall be construed as "retirement facilities".
Each judgment of the court of first instance shall take the following measures: “Energy recovery facilities correspond to waste disposal facilities under the Wastes Control Act” with “to meet the requirements that energy recovery facilities will be facilities approved or reported for installation of waste disposal facilities under Article 29(2) of the Wastes Control Act.”
In the judgment of the first instance court, the phrase “a vehicle scrap or incineration facility (including incineration heat recovery facilities) is a waste disposal facility under the Wastes Control Act” shall be construed as “a vehicle scrap or incineration facility (including incineration heat recovery facilities) meets the requirements that approval for installation of waste disposal facilities or a report on installation of waste disposal facilities under Article 29(2) of the Wastes Control Act.”
The following shall be added to the 17th order after the 14th order in the first instance.
When the defendant has registered a waste recycling business pursuant to the former Electronic Equipment Recycling Act, etc., he/she shall, even if he/she is able to operate a waste recycling facility without obtaining permission for a waste disposal business under the Wastes Control Act, restrict the location according to the relevant statutes.