logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.08.11 2015구합12663
공장설립불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff runs the business of crushinging and recycling waste concrete, manufacturing ready-mixeds, etc., with a location at 19-52, the head office and Domnam-gun, Gangnam-gun, Chungcheongnam-do, Jinnam-gun, the main office of which are located at 22-11, Jinnam-gun, the Domnam-do.

B. On October 28, 2013, the Plaintiff filed an application with the Defendant for permission to engage in development activities of 11,185 square meters (hereinafter “instant application site”) out of 11,185 square meters among the Dosan-si and 3 lots, Gangnam-do, Chungcheongnam-do, Chungcheongnam-do for the purpose of changing the form and quality of waste recycling site for the creation of a waste recycling site. On January 23, 2014, the Defendant rendered the permission to engage in development activities from January 2014 to September 30, 2014 (hereinafter “instant permission to engage in development activities”).

C. On August 29, 2014, the Plaintiff filed an application for approval for the establishment of a factory in order to establish a ready-mixed factory in addition to the remaining 6,69 square meters (hereinafter “instant factory site”) of 4,516 square meters, among the 11,185 square meters of the instant application site, and filed an application for alteration of development activities for extension of the period for permission for development activities. D.

On October 7, 2014, the Defendant notified the Plaintiff of the approval for the non-approval for the establishment of a factory (hereinafter “instant disposition”) on the following grounds (hereinafter “instant disposition”).

In accordance with Articles 10 and 35 (1) of the Constitution of the Republic of Korea, residents, etc. do not participate smoothly in the process of environmental impact assessment by providing sufficient information on projects subject to environmental impact assessment, etc. under Article 4 of the Framework Act on Environmental Policy (hereinafter referred to as "reason for Disposition 1") pursuant to Article 10 and Article 35 (1) of the same Act (hereinafter referred to as "grounds for Disposition 2"). In the event that groundwater development is developed into a non-supply area, there is a concern that residents, etc. do not participate smoothly in the process of environmental impact assessment (hereinafter referred to as "reasons for Disposition

arrow