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(영문) 의정부지방법원 2017.04.11 2016구합9058
폐기물처리사업계획서 부적정통보처분 취소
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. On August 17, 2015, in order to run a comprehensive waste recycling business, the Plaintiff installed waste disposal facilities on three parcels, including upper water 4-3 (hereinafter “land scheduled for the instant project”) on the remaining side of both cities, and submitted a waste disposal business plan (hereinafter “instant business plan”) with a content that he/she manufactures solid fuels by bringing them into and crushinging wastes from a place of business (waste synthetic resin, waste synthetic rubber, waste synthetic fibres, waste synthetic fibres, waste synthetic fibres, waste waste waste paper) at 100 tons per day, and construction waste (waste waste waste paper) at 100 tons per day, and then burning solid fuels and developing them (hereinafter “instant business plan”).

B. As to the instant business plan on September 8, 2015, the Defendant: (a) examined the geographical conditions of the prospective project site and the environmental hazard arising from the installation and operation of waste disposal facilities; (b) notified the instant business plan on the ground that the project plan was improper (hereinafter “instant ground for disposition 2”); (c) on the ground that the project plan was improper (hereinafter “instant ground for disposition 2”).

(hereinafter referred to as “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed it on April 27, 2016.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 3, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1) Under Article 2 subparag. 3 of the Wastes Control Act, Article 2 subparag. 8 of the Enforcement Decree of the same Act, etc., construction waste discharged from a workplace that performs construction works is subject to the Wastes Control Act. Thus, the first disposition ground of this case is the same.

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