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(영문) 대전고등법원(청주) 2020.02.05 2019누1600
폐기물처리 사업계획 부적합 통보처분 취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s failure to comply with the waste treatment business plan against the Plaintiff on April 18, 2018.

Reasons

1. Grounds for appeal No. 1 and No. 2-B by the reasoning of the judgment of the first instance.

Since it is the same as the statement in the claim, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In order to determine the legitimacy of the instant disposition, Article 25(2)1 through 4 of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015) is to determine the suitability of the waste treatment business plan. Of these, Article 25(2)1 through 4 of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015) provides that “whether the construction and operation of waste disposal facilities affects human health or the surrounding environment.” However, on January 20, 2015, Article 13038 of the Water Supply and Waterworks Installation Act (amended by Act No. 13038, Jan. 20, 2015) was amended to “whether the water quality in the water-source protection area under Article 7 of

In light of the legislative purpose of the Wastes Control Act, the social and environmental needs for waste disposal facilities, and the language and text of the above amendment, which contribute to the improvement of the environment and the quality of people's lives by preventing the generation of wastes to the maximum extent possible (Article 1), barring special circumstances, such as where it is evident that the installation and operation of waste disposal facilities will seriously affect people's health or the surrounding environment. When determining the suitability of the submitted waste disposal business plan, administrative agencies have become difficult to maintain environmental standards under Article 7 of the Water Supply and Waterworks Installation Act due to the installation and operation of waste disposal facilities pursuant to Article 25 (2) 4 of the Waste Management Act, or where it is difficult to maintain environmental standards under Article 12 of the Framework Act on Environmental Policy.

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