「폐기물 재활용시설 설치신고 불승인 통보」처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 21, 2012, the Plaintiff filed a report on the installation of livestock excreta discharge facilities to raise chickens in the land B (hereinafter “the instant application site”), and filed a report on waste disposal (recycling) on December 10, 2012, and recycled food waste and animal residues as cather for drinking, and operated the bat at the instant application site.
B. On January 15, 2018, the Plaintiff suspended the operation of the above mass farm (hereinafter “instant report”) and on January 15, 2018, filed a report on the installation of waste recycling facilities (hereinafter “the instant report”) stating that “The Plaintiff would produce compost from recycling other organic sludge, other vegetable residues, food wastes, etc., by installing waste disposal facilities or recycling facilities, such as composting facilities (hereinafter “instant facilities”) of a size of 967 square meters on the ground of the instant application site.”
Notification of non-approval of report on installation of waste disposal facilities or recycling facilities;
1. As a result of the review of the instant report pursuant to Article 29(2) of the Wastes Control Act, it is determined that the construction and operation of a waste disposal facility may affect the health of neighboring residents or the surrounding environment;
2. As a result of deliberation before the civil petition coordination committee pursuant to Article 34 of the Civil Petitions Treatment Act and Article 38 of the Enforcement Decree of the same Act, a decision by non-approval shall be made, and the non-approval notification of a report on the installation of waste disposal facilities or recycling facilities shall be widely understood and the main time shall be avoided;
(hereinafter omitted)
C. On April 19, 2018, the Defendant rendered a disposition of non-acceptance of the instant report (hereinafter “instant disposition”) for the following reasons.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) The plaintiff's application of the disposition-based law erroneously (hereinafter referred to as "the first.").