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(영문) 전주지방법원 2019.08.22 2018구합3537
폐수배출시설 설치신고 반려처분취소
Text

1. The disposition taken by the Defendant against the Plaintiff on November 29, 2018 for the return of the report on the installation of wastewater discharge facilities shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that established on December 20, 2016 and runs the soil purification business, etc. by having its head office in Gwangju Metropolitan City.

B. On September 18, 2018, the Plaintiff filed an application with the Gwangju Metropolitan City Mayor for registration of the change of the soil purification business (establishment of soil purification facilities) to install soil purification facilities on the B and one parcel of land located outside the Seoul Special Metropolitan City, Jeon-gun, and the Gwangju Metropolitan City Mayor accepted the said application on October 12, 2018.

(hereinafter referred to as the “instant purification facilities”) installed by the Plaintiff in the same place according to the said modified registration.

On November 7, 2018, the Plaintiff reported the installation of a wastewater discharge facility to install a three-wheeled flag, a machine washing the wheels of a vehicle entering the instant purification facility (hereinafter “instant three-wheeled flag”) to the Defendant.

(hereinafter “instant report”). D.

On November 26, 2018, the Defendant opened a committee for the conciliation of civil petitions in the forest room (hereinafter “instant deliberation”) to deliberate on the instant report, and the said conciliation committee passed a resolution to the effect that it is reasonable to return the instant report on the grounds of the details of the deliberation as follows.

However, although the installation report of wastewater discharge facilities prior to the installation of the facilities for the Sejong Metropolitan City is required to be disposed of after obtaining a report on the installation of the facilities before the installation of the facilities for the Sejong Metropolitan City, the registration of the alteration is judged as a procedural defect. However, while the operation of the soil purification business is operating incidental facilities such as the Sejong Metropolitan City in the course of shipping into and out of the contaminated soil, there are many civil complaints related to the inflow of hazardous substances and the damage of neighboring agricultural products due to air pollution and the living environment due to the anticipated damage in the river flow of the soil purification business, and the conditions designated as the C water source, lake and marsh and the national wetlands creation area are considered as the area.

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