1. Ascertainment that the Plaintiff is a resident in the affected neighboring area of D, which is a waste disposal facility in C.

2...

1. Basic facts

A. On October 18, 2004, the Defendant commenced the construction of “D” (hereinafter “instant facilities”) which is a waste disposal facility as stipulated in the former Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 13170, Feb. 3, 2015; hereinafter “former Waste Facilities Promotion Act”), and completed the construction on December 12, 2006, and used the instant facilities from October 12, 2007.

B. According to Articles 17, 21, and 22 of the former Waste Facilities Promotion Act, an agency installing waste disposal facilities shall determine and publicly notify the neighboring areas that may be affected environmentally due to the installation and operation of waste disposal facilities (hereinafter “the affected neighboring areas”) and use them for projects to support the improvement of income and the promotion of welfare of the residents of the affected adjacent areas by creating the Resident Support Fund to support the residents of the affected adjacent areas. On July 2009, the Defendant determined and publicly announced the affected adjacent areas as follows pursuant to Article 17 of the former Waste Facilities Promotion Act and Article 17 of the Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Enforcement Decree

Location and effective period of the affected neighboring area

(a) Sphere of direct influence: Within the D site in C;

(b) Indirect influence zone: 8 villages within 2 km in radius from D - E (4 villages): E 1-4 (F, G, H, I) - J (3 villages): J 1-3 (K, L, M) - Go Chang-gun N Village;

(c) Period of designation: Until December 31, 2087; and

C. Meanwhile, pursuant to Article 17-2 of the former Waste Facilities Promotion Act, a consultative body for supporting residents in the neighboring area D (hereinafter “instant consultative body”) was organized with 11 residents, including the representative of residents of eight villages in the area of indirect impact, the Gun Council members of B, and two professors. The instant consultative body prepared operating regulations for the requirements, etc. for payment of the Resident Support Fund (hereinafter “instant operating regulations”). The main contents are as follows.