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(영문) 대전지방법원 2018.01.31 2017구합895
폐기물처리사업계획서부적합결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 19, 2017, the Plaintiff submitted a business plan concerning the instant project to the Defendant on the following day in order to conduct a comprehensive waste recycling business (hereinafter referred to as “instant business”) with the content of the following, which is produced by the bridges by the bridges, by treating organic sludge in Asan-si B (hereinafter referred to as “instant application site”).

(hereinafter “instant application”). Division: Business owner C (representative: Plaintiff) located in the site location of the instant site and the size of 7,350 square meters (75,000 L x 15,000W x 14 Dong) in the area of waste storage (10,000 L x 15,00W x 3,600H) in the area of waste storage (10,000 L x 15,000W x 3,600H) in the relevant department and the relevant agency, requesting consultation with the relevant department and the relevant agency on January 20, 2017, the Defendant received a response for consultation on the instant application by January 26, 2017.

On January 2017 to February 2, 2017, neighboring residents of the instant application place filed a petition with the Defendant opposing the instant project. On March 31, 2017, the Defendant was notified of the inappropriate result for deliberation on the instant project plan to the ASEAN-si Civil Petition Coordination Committee.

On April 6, 2017, the Defendant notified the Plaintiff of the failure to comply with the waste treatment business plan pursuant to Article 25(2)4 of the Wastes Control Act on the following grounds:

(hereinafter “instant disposition”). The instant application permits installation of waste disposal facilities, among livestock, in a zone where the degree of environmental damage is limited to the small-scale livestock breeding tank in which the largest degree of environmental damage is limited, is not consistent with the equity in the protection of rights that the right to live in a healthy and pleasant environment ordered by the Constitution and the Framework Act on Environmental Policy to the 10-household residents living within 80 meters from the project site to 220 meters. The Plaintiff is dissatisfied with the instant administrative appeal seeking revocation of the instant disposition to the Cheongnam-do Administrative Appeals Commission.

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