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(영문) 청주지방법원 2019.03.28 2018구합3986
기타(일반행정)회원지위확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. In accordance with the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”), the Cheongju City Mayor established a Caline (hereinafter “instant incineration facilities”). Pursuant to Article 17-2(1) of the Waste Facilities Promotion Act, the Cheongju City Mayor established the B Consultative Body (hereinafter “the Consultative Body”) for the purpose of protecting the rights and interests of residents of E-dong community residents in the affected area of 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 the C incineration Facility indirect impact zone as 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:

1. The allocation plan for subsidies and other profits relating to the incineration place shall be finalized at the residents' general meeting after the consultative body of this case has been established and deliberated upon by the board of directors;

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