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(영문) 전주지방법원 2017.12.14 2017구합104
폐기물처리사업계획서부적정통보처분취소 청구의 소
Text

1. On December 29, 2016, the Defendant made an improper notification of the waste management business plan against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff (formerly: Company B) is a corporation established for the purpose of intermediate waste disposal business, etc.

B. On October 20, 2005, the Plaintiff installed and operated an interim disposal facility of construction waste in the area of 37,896 square meters in Jung-gu, Seoul Special Metropolitan City with a construction waste interim disposal business license from the Defendant. Upon the Plaintiff’s request to expand the site for construction waste interim disposal facilities, the Defendant, upon a conditional resolution by the urban planning committee in November 23, 2010, issued a public notice on January 17, 201, changing the area of urban planning facilities into 109,199 square meters (hereinafter referred to as “instant site”) from the initial 37,89 square meters in the area of urban planning facilities to the original 37,89 square meters in the area of urban planning facilities (hereinafter referred to as “instant site”).

C. On November 7, 2016, the Plaintiff submitted a waste business plan (hereinafter “instant business plan”) to the Defendant pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) and (3) of the Enforcement Rule of the same Act in order to install a high fuel (SSF) production facility (hereinafter “instant facility”) through the process of crushing, screening, etc. by acquiring waste disposal business (comprehensive recycling business) from part of the instant site.

On December 29, 2016, the Defendant issued a disposition of improper notice of the instant project plan (hereinafter “instant disposition”) on the grounds that the instant project plan was based on the protection of clean agricultural products in neighboring areas, future development plans, such as E and F, objective at the time of determination of urban planning facilities concerning prospective project sites, protection of residents’ pleasant living environment, etc., and the specific details are as follows:

In the event that local specialty farmers, such as Gi, Hi, Gi, 62 farmers with a size of 146,550 square meters around the site of the planned project site, are scattered, the quality decline and production of agricultural products is likely to be reduced due to dust generated in the operation of waste transport vehicles and the operation of waste disposal facilities, and the protection of clean agricultural products.

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