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(영문) 광주지방법원 2018.05.31 2015구합912

폐기물처리시설설치승인처분무효확인 등

Text

1. The defendant Bosung-gun on January 2, 2008 and 26 pieces of land, Bosung-gun, Bosung-gun, Bosung-gun, and Bosung-gun.

Reasons

1. Details of the disposition;

A. From August 2006, Defendant Bosung-gun (hereinafter “instant project”) has promoted a project (hereinafter “instant project”) to install a comprehensive rural waste disposal facility (a management landfill facility; hereinafter “the instant facility”) for agricultural and fishing village waste disposal facilities (hereinafter “the instant project”), which is “domestic waste disposal facilities,” the area of facilities of 4,950 square meters, capacity of facilities: 27,000 square meters, capacity of waste disposal art volume: 27,000 square meters, waste disposal art volume: 2,067 tons/years, and wastes subject to disposal: domestic waste (e.g., incineration and combustibility).

B. However, even though Defendant Bosung-gun constituted the Location Selection Committee in the process, and did not go through all the procedures related to the Location Selection Committee, such as the implementation of the meeting, on January 2, 2008, Defendant Bosung-gun announced the location of the instant facilities as KRW 34,038 square meters per 7,000,038, Jeonsung-gun, Bosung-gun, Bosung-gun, Bosung-gun (hereinafter “the disposition of the instant Bosung-gun”).

C. After that, the public official in charge of Defendant Bosung-gun, who is a public official in charge of Defendant Bosung-gun, forged relevant documents, such as a resident recommendation letter stating that “in order to constitute the Location Selection Committee, recommend C and D residents to constitute the Location Selection Committee,” a public notice of “the meeting of the Location Selection Committee for Rural Waste Disposal Facilities of December 28, 2007,” and “the meeting minutes of the Location Selection Committee held on December 31, 2007.”

On February 14, 2008, Defendant Bosung-gun requested the Do governor of Jeonnam-do to approve the installation of the instant facilities, including the forged documents. On February 20, 2008, Defendant Bosung-do governor approved the installation plan of the instant facilities to Defendant Bosung-gun on February 20, 2008 (hereinafter “disposition of the Do governor of the instant facilities”).

E. Meanwhile, as seen earlier on December 22, 2014, the foregoing B was indicted on suspicion of forging relevant documents and sentenced to a judgment of KRW 2,00,000,000, which was sentenced to imprisonment with labor for eight months as the Gwangju District Court 2015No655 on October 27, 2015.