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(영문) 서울고등법원 (춘천) 2018.12.19 2017누836

샘물개발허가처분취소

Text

1. The part against the plaintiffs in the judgment of the first instance is revoked.

2. All plaintiffs' claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. Around August 2012, the Defendant’s Intervenor filed an application with the Defendant for a permit for development of spring water in order to conduct a manufacturing business of spring water with three water intakes (hereinafter “water intakes in this case”) installed in Hanwon-gun B, Hanwon-gun, and the Defendant granted a permit for development of spring water on the condition that the Defendant’s Intervenor submit an environmental impact survey within two years to the Defendant’s Intervenor.

B. On December 6, 2014, the Defendant’s assistant intervenor filed an application for permission for the development of spring water with an environmental impact investigation report (hereinafter “instant investigation report”) prepared by C Co., Ltd. (hereinafter “C”) to the Defendant, and the Defendant requested the head of the original regional environmental office to conduct a technical examination of the instant investigation report.

C. The head of the original regional environment office requested C to supplement the survey document of this case after hearing the opinions of experts. C around June 2015, the head of the original regional environment office submitted a supplementary document for the survey document of this case (hereinafter “instant supplementary document”) to the head of the original regional environment office. On July 23, 2015 based on the survey document of this case and supplementary document, the head of the original regional environment office, the head of the original regional environment office, on July 23, 2015, shall make the Defendant a total of 1,084 cubic meters/day (1, 369 cubic meters/day, 2, 635/day, 300 cubic meters/day) from 1,084 cubic meters/day (1, 369 cubic meters/day, 635/day, 300 cubic meters/day) as follows, to immediately suspend the collection of the environmental impact assessment results, and establish and implement measures

(b) Where any damage occurs to surrounding areas due to a river water level due to continuous water intake, the water intake shall be immediately suspended and a separate measure shall be formulated and implemented against such damage;

b. The surveillance unit shall install and operate a continuous automatic measuring instrument to measure and record “water level of raw water, electric intensity, temperature, hydrogen temperature, etc.” and record the results of observation in a manual when the device is broken.