폐기물처리(종합재활용업)사업계획서 부적합처분취소
1. The defendant's appeal is dismissed.
2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.
1. The reasoning of the court’s explanation concerning this case is as follows: (a) the court, among the judgment of the court of first instance, dismiss the fourth “ February 25, 2014” as “ February 26, 2014,” and (b) add the following matters to the reasoning of the judgment of the court of first instance.
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. When the Plaintiff installed and operated food waste disposal facilities in the prospective area of the instant project, the Intervenor’s Intervenor filed an application for participation in the Defendant’s Intervenor’s defense of asserting that it was directly affected by the health and surrounding environment of the officers and employees of the Defendant’s Intervenor, who are operating the factory in the vicinity, and the Plaintiff’s objection thereto,
In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question. The term "interest" refers to a legal interest, not in fact economic or emotional interest, which refers to a case where the judgment is res judicata or executory power of the judgment in question, or where the judgment in question does not directly affect the effect of the judgment in question, it refers to a case where the legal status of a person who intends to participate in the lawsuit is determined on the premise
(See Supreme Court Decision 2007Du23873 Decided May 29, 2008, Supreme Court Decision 2005Da19156 Decided April 26, 2007, Supreme Court Decision 2006Da69653 Decided February 8, 2007, etc.). The purpose of the Wastes Control Act is to contribute to the improvement of environmental conservation and the quality of people’s lives by preventing the generation of wastes to the maximum extent possible and treating wastes generated in an environment-friendly manner. Article 25(2)4 of the Waste Control Act is to review waste treatment business plans.