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(영문) 대전고등법원 2017.11.09 2017누11976
공장신설불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of non-approval for the establishment of a new factory against the Plaintiff on August 25, 2016.

Reasons

1. Details of the disposition;

A. On April 5, 2016, the Plaintiff filed an application with the Defendant for approval of the establishment of a factory (a factory site 3,010 square meters, 525 square meters in manufacturing facilities) to establish a non-metallic mineral crushing plant (hereinafter “instant factory”) on the non-metallic mineralized site B and one parcel (hereinafter “instant application site”).

(hereinafter referred to as "the application of this case". (b)

On August 25, 2016, the Defendant rendered a disposition of non-approval for the establishment of a factory to the Plaintiff on the ground that “(i) the pertinent civil petition is inappropriate for the purpose of evading environmental impact assessment; ② there was a non-approval answer regarding the pertinent project as a result of the deliberation by the Civil Petitions Conciliation Committee for Civil Affairs in the public city with respect to the pertinent project plan; ③ as a result of consultation on the permission of development activities following the application for permission of establishment of a new factory with the Urban Planning Committee and the Committee for Civil Affairs in the public city with respect to the public city planning and the approval of the establishment of a new factory,” each of the above reasons (hereinafter

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Nos. 1, 11, 24, and Eul’s Nos. 3 and 6(including a serial number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion does not aim to avoid a small-scale environmental impact assessment, and all measures to prevent environmental damage are prepared. The Defendant rendered the instant disposition on the grounds that no significant public interest needs to be ensured, and thus, the instant disposition is unlawful by abusing and abusing discretion.

B. It is as stated in the relevant laws and regulations attached thereto.

C. The following facts are added to each of the facts and evidence found prior to the facts of recognition, Gap evidence Nos. 3 through 10, 12 through 19, Eul evidence Nos. 1, 2, 4, 5, 7 and 9, and the purport of the whole pleadings:

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