beta
(영문) 청주지방법원 2019.04.04 2017구합2771

폐기물처리조치명령 취소

Text

1. Of the orders to take measures to dispose of wastes issued by the Defendant to the Plaintiff on July 6, 2017, “in the instant mountainous district,” the remainder in the instant mountainous district.

Reasons

1. Details of the disposition;

(a) The Korea Highway Corporation (1) uses a site for an expressway construction work and a site for a private road, 3rd section, hereinafter referred to as the “instant construction work”).

(2) On July 28, 201, the Plaintiff entered into a construction contract with the Plaintiff regarding construction works, and entered into a construction waste disposal services contract with D Co., Ltd. (hereinafter referred to as the “instant construction works”). On July 28, 201, the Plaintiff used the instant mountainous district as a space for the blasting of a tunnel generated in the blasting of a tunnel during the instant construction works, for the purpose of creating a site necessary for the instant construction works, with respect to the size of 21,985 square meters (the converted area is changed to 22,723 square meters; hereinafter referred to as the “instant mountainous district”).

3) On November 2014, the Plaintiff submitted a report on the completion of supervision of mountainous district restoration services to the Defendant on December 26, 2014, after completing mountainous district restoration work, such as cutting down the instant mountainous district and planting trees on the said mountainous district. (B) The Defendant filed a civil petition with B that the Plaintiff illegally buried waste in the instant mountainous district and contaminated soil, and conducted a field survey on the instant mountainous district (hereinafter “First Investigation”) on September 8, 2016 while the Plaintiff was present at the Plaintiff’s side and B. As a result, the Plaintiff excavated two places of waste reclamation areas up to 60 cm underground, and discovered approximately 150 km of the residues of the residues of the instant mountainous district, which is commercial wastes, on the excavated land and its surrounding surface.

2. Meanwhile, at the time of the first investigation, the parts of the color light belts were discovered on the land excavated at the time of the first investigation. On September 9, 2016, the Chungcheong Police Station requested the head of the Chungcheongbuk-do Public Health and Environment Research Institute to analyze the components of the said soil, and the head of the Chungcheongbuk-do Public Health and Environment Research Institute on September 22, 2016 did not detect metal components, such as carbon and cadmium.