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(영문) 청주지방법원 2017.06.01 2016구합12054
주민지원기금변경처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 9, 2009, the Cheongju Mayor established a facility A (hereinafter “C”) which is a waste disposal facility at the Seo-gu Seoul Metropolitan Government B (hereinafter “Cheongju-gu”), and operated C after determining and publicly notifying the affected neighboring area of waste disposal facilities (in addition to the valley area around the area within 300 meters from the boundary of the said incineration facility site and the total area of the valley area around the access road to incineration facilities, approximately 927,430 square meters in total, as the affected neighboring area (indirectly affected area D).

B. Meanwhile, as an additional incineration facility is required due to the increase of domestic waste, the Cheongju Mayor concluded an agreement with the Consultative Body for Residents Support in A (hereinafter “Resident Support Consultative Body”) composed of one of the areas adjacent to each of the above incineration facilities on May 22, 2012, to provide support for residents during the period of operation as subsidies for heating expenses each year from the following year from the operation of the incineration facilities with respect to the operation of the incineration facilities, and to calculate the rate of waste bringing-in fees as 10/100 of the standard plastic bag sales proceeds from the following year from the completion of the second construction period to support the Resident Support Fund (hereinafter “Agreement 1”).

C. On August 18, 2014, the Cheongju Mayor established a facility 2 flag for A (hereinafter “F”) which is an waste disposal facility in the Godong-gu E Center in Chungcheongnam-gu, Chungcheongnam-gu (Cheongju) on the basis of the degree of pollution within 300 meters based on the predicted concentration of the incineration facilities, and operated F after determining and publicly announcing the affected area of waste disposal facilities with a total of 1,413,395 square meters in the area indicating the same degree of pollution as the degree of pollution within 300 meters as the affected adjacent area (indirect Notice in Cheongju-si).

In addition to the residents support fund under the Convention between the Residents Support Council on April 6, 2016 and the Residents Support Council on April 6, 2016, the Cheongju Mayor shall calculate the amount of profit-sharing from the disposal of drinking water in the previous year as the amount of the incineration of drinking water in the previous year x 30,000 won as the Resident Support Fund every year, and shall support large-scale wastes and food in addition to the already supported

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