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(영문) 인천지방법원 2019.01.31 2018구합52390
부적정 통보처분취소 청구
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 October 23, 2017, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) with the content of conducting a comprehensive waste recycling business (food waste) on the ground of C Miscellaneous land 2,991 square meters (hereinafter “instant prospective project site”).

B. On November 28, 2017, the Defendant issued an improper notice of the instant business plan (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

① The installation of waste disposal facilities pursuant to Article 25 of the Wastes Control Act is likely to have an impact on the surrounding environment (hereinafter “reasons”) (2) The installation of waste disposal facilities is restricted pursuant to Articles 2 and 4 of the Guidelines for the Operation of Waste Disposal Facilities (hereinafter “instant Guidelines”) (hereinafter “reasons for Waste Disposal”) (hereinafter “instant Guidelines”)

2. Whether the disposition is lawful;

A. Of the Plaintiff’s grounds for disposition 1 of this case, the Plaintiff’s business plan of this case contains objective, concrete and reasonable grounds, and the Plaintiff’s business plan contents, such as a suspected malodor, and thus, is unlikely to affect the surrounding environment.

(2) Among the grounds for the disposition of this case, the grounds for the disposition of this case are based on the guidelines of this case, which are the defendant's internal guidelines without the delegation of superior laws and regulations, and the business plan of this case related to the living waste disposal facilities cannot be applied.

(3) Of the instant disposition grounds, the entry of a new company is prohibited on the ground of the existence of the existing company, and is in itself contrary to the public interest and the Wastes Control Act.

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