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(영문) 청주지방법원 2019.05.02 2018구합3702
청주권 광역소각시설 주민제외처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “the instant incineration facilities”), the head of the C local government shall establish A incineration facilities (hereinafter “the instant incineration facilities”). Pursuant to Article 17-2(1) of the Waste Facility Promotion Act, the “waste disposal facility installation institution” under Article 2 subparag. 2 of the same Act is a local government that operates the instant incineration facilities, and the Defendant is a local government that operates the instant incineration facilities.

The membership of Article 6 (Qualifications for Members) shall be the following residents who are eligible for the allocation of the Fund to residents within the neighboring indirect impact zones publicly notified on January 9, 2009 and August 18, 2014 (No. 2) of the Enforcement Decree of the Waste Facilities Promotion Act:

1. The qualification of a member is a resident falling under any of the following subparagraphs, and only one household member shall be a member, who has been constructed on or before August 18, 2014, and resides in an indirect impact zone of an incineration facility that was determined and announced by January 9, 2009 and August 18, 2014:

Article 7 (Inheritance and Succession of Members) A resident who actually resides in a house registered as a resident within the neighboring influence zone as of August 18, 2014.

1. A member may succeed to the qualification of a member to any person entitled to inheritance from among lineal ascendants and descendants upon the death of the member;

Article 8 (Rights and Duties of Members)

1. Rights of members;

(a) The right to attend a community meeting of residents in the neighboring area and present their opinions and make resolutions;

(d)In principle, the following shall be allocated to all residents who have fulfilled their obligations as members meeting the qualifications provided for in article 21 (Apportionment of Income) of this Code, which shall be entitled to participate in grants relating to incinerations and in various interest coupons allocated to members:

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