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(영문) 부산지방법원 2015.07.09 2015구합20351

공장 제조시설설치승인 취소 처분 취소의 소

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1. On October 29, 2014, the revocation of the approval for the installation of a factory against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s approval for the installation of manufacturing facilities for factories against the Plaintiff is a company established for the purpose of manufacturing and assembling machinery parts on July 9, 2013. 2) The Plaintiff, pursuant to Article 14-3 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), applied for the approval for the installation of manufacturing facilities for factories to the Defendant on April 30, 2014, which is an exclusive industrial area and a school environmental sanitation and cleanup zone under the School Health Act (hereinafter “Industrial Cluster Zone”), a school environmental sanitation and cleanup zone under the School Health Act (hereinafter “instant application”). The Defendant approved the aforementioned application on May 1, 2014.

(hereinafter “instant approval”). (b)

After the Plaintiff’s application for the registration of aggregate extraction business, etc. and the Defendant’s return disposition 1) obtained the instant approval, the Plaintiff added “a business for the production of aggregate” on May 14, 2014 as its business purpose on the corporate register, and installed the crushing facilities, refrouters, etc. necessary for the extraction, crushing, and screening of aggregate (hereinafter “the instant manufacturing facilities”) and installed the said manufacturing facilities installed at the instant application site with the instant approval.

(2) On June 16, 2014, the Plaintiff submitted to the Defendant an application for registration of aggregate extraction business, a report on the installation of air discharge facilities, and a report on the installation of wastewater discharge facilities (including a plan for the installation of noise and vibration discharge facilities) respectively.

3) However, the Defendant requested the Plaintiff to supplement the complaints filed by residents in the neighboring areas of the instant application site, and subsequently rejected the Plaintiff’s application for the registration of aggregate extraction business on July 15, 2014 on the grounds that the conflict between the Plaintiff’s right to study of students in neighboring elementary schools and the residents’ pleasant living zone is anticipated, and on the same ground, on July 18, 2014, the Plaintiff’s application for the registration of aggregate extraction business is also included in the plan for installation of air emission facilities and the report on installation of wastewater discharge facilities (the plan for installation