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(영문) 부산고등법원 2014.06.13 2013누2952

조정결정고시취소

Text

1. The defendant's appeal is dismissed.

2. The defendant supplementary intervenors shall bear the costs incurred in relation to participation in the appeal.

Reasons

1. Details of the disposition;

A. The Defendant is an institution that has established the Busan Metropolitan City Biobage landfill site (hereinafter “the instant waste landfill site”) with a total business area of 758,342 square meters and a landfill area of 507,431 square meters in Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan. The Plaintiffs are residents who live in the surrounding area of the instant waste reclamation site since December 31, 201.

B. On September 18, 2001, an agreement was made between the Defendant and the Defendant on the installation and operation of the instant waste landfill site, the creation and support of the Resident Support Fund, etc. (hereinafter “the first agreement”), and Article 6 of the first agreement determined that “The determination of the impact around the reclaimed land shall determine the area around the green mountain zone as the surrounding area considering the direct and indirect impact of the residents in the surrounding area, and shall determine the impact level by the Resident Support Council on the basis of the results of the environmental impact assessment.”

C. Pursuant to Article 17 of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (amended by Act No. 7169 of Feb. 9, 2004; hereinafter “Waste Promotion Act”) and Article 18 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 18514 of Aug. 10, 2004), the Defendant is the “resident support council” by the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s support council for the residents of the Busan Environment Resource Park(hereinafter “resident support council”) on Jan. 24, 2002 for the determination of environmental impact rights around the instant waste reclamation site and support for residents of the surrounding environment impact area.

D. D.

The defendant shall have expert members selected by the Resident Support Consultative Body on the environment.