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(영문) 대전지방법원 2017.02.13 2016구합103155
공장신설승인 신청 불승인처분 취소소송
Text

1. On June 27, 2016, the Defendant’s non-approval disposition for the establishment of a new factory against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 30, 2016, the Plaintiff filed an application for approval of the establishment of a factory (hereinafter “instant application”) with the Defendant in accordance with the Industrial Cluster Development and Factory Establishment Act, in order to newly build a ready-mixed factory with a size of 9,335 square meters in factory site area, 263.80 square meters in manufacturing facilities area, 1,938.98 square meters in size (hereinafter “instant factory”) on the 22,972 square meters in J farm site in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, in order to build the factory site area of 9,335 square meters in size, 263.80 square meters in size in manufacturing facilities, and 1,938.98 square meters in size (hereinafter “instant factory”).

1. The prospective site for ready-mixed factories falls under the basin of N, which is the major river basin of M, and the river and basin management is very important because of the important river corresponding to the upstream water system of the O reservoir. If a ready-mixed factory is newly constructed and operated, it is highly likely to affect the water quality and aquatic ecosystems of the public waters due to the leakage of infected substances accumulated in the river basin in the vicinity of the river basin when there is a strong rain;

2. The types of 20, 6, 200 and 1, etc. are forms of 1 to 1 to 1 to 1 to 20, 6, 2000 and 1 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 2 to 3 to 2 to 3 to 3 to

3. Most of the fine dust in the business of manufacturing ready-mixed is generated in the process of transporting cement and aggregate, and it is difficult to fundamentally block the fine dust generated in the process of transporting raw materials, and it is difficult to maintain and manage the prevention facilities such as filtering and dried dust, because there are considerable dust to be treated in the process of mixing. Moreover, if the leaves or negligence of agricultural crops cultivated by scattering over surrounding farmland are invaded, the production may be reduced and the quality degradation may be significantly affected. Scattering dust in the manufacturing process of ready-mixed shall be tin acid development in the surrounding area and a factory.

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