폐기물처리업 허가거부처분 취소
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 March 16, 2016, the Plaintiff filed a written application for permission for waste treatment business with the Defendant to conduct waste treatment business (hereinafter “instant business”) for crushing waste stones and waste rocks from 103-13 (hereinafter “instant business”).
B. On March 29, 2016, the Defendant notified the Plaintiff of a waste treatment business plan on the ground that “In the event that the Defendant installs and operates the Crusherherherherherher, which is a waste recycling facility at the instant plant, the noise in the neighboring area is difficult to maintain environmental standards under Article 12(2) of the Framework Act on Environmental Policy and Article 2 of the Enforcement Decree of the same Act. ② The instant business site is an official door entering the flood tourist site, the money, natural recreation forest, and the monthly valley, and the traffic conditions of neighboring areas are likely to deteriorate due to the traffic of large vehicles for waste collection and transportation. ③ The Plaintiff’s right to learning in the Changdong Middle School is infringed due to noise, dust, vibration, etc. caused by the Plaintiff’s waste treatment business, and the residents’ inconvenience is increased within 400 meters near the instant business site.”
(hereinafter “instant disposition”). C.
On August 31, 2016, the Plaintiff appealed and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the Gyeong-do Administrative Appeals Commission dismissed the said appeal.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence Nos. 4 and 32, the purport of the whole pleadings, and whether the disposition of this case is legitimate
A. The plaintiff's assertion was first sought from the defendant in order to run a waste treatment business that produces recyclable aggregate by recycling waste stones and waste stone generated after extracting and processing fossil stones in the Sculg-gun, and as a result, the defendant actively recommended to do so.