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(영문) 서울북부지방법원 2019.07.25 2018가합25476
운영대책위원 등 선출절차 적법확인의 소
Text

1. The Plaintiff’s status as the chairperson of the Defendant I Operation Countermeasure Committee and the above Operation Countermeasure Committee.

Reasons

1. Basic facts

(a) An agency installing waste disposal facilities shall, in consultation with the competent Special Self-Governing City Mayor, the head of a Si/Gun/Gu and the Council thereof, perform functions, such as ① the Special Self-Governing City Council of the location of waste disposal facilities, ② the residents living in the neighboring area that is affected environmentally due to the installation and operation of waste disposal facilities, recommended by the Special Self-Governing Province and the Si/Gun/Gu Council of the relevant Special Self-Governing Province, ③ the representatives of residents in each Eup/Myeon/Dong, ③ the resident support council comprised of two experts recommended by the representatives of residents, and ③ the resident support council shall organize a specialized research institute for the investigation of environmental impact, consultation on the installation of convenience

[The Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Facilities Promotion Act”)]

(Article 17-2, Article 18 of the Enforcement Decree of the same Act, and subparagraph 2 of the attached Table 2).

The Defendant Countermeasure Committee is an organization consisting of representatives of persons who own apartments within 300 meters from I and reside for at least 24 months in order to implement projects and activities, such as appointment and dismissal of members of the Resident Support Council under the Waste Facility Promotion Act, consultation on various matters related to I operation, monitoring and appointment of operating personnel, etc., for the purpose of minimizing the damage of residents from I, who are waste disposal facilities, and securing the quality of life.

C. The Defendant Countermeasure Committee is composed of one countermeasure member per apartment unit (Provided, That the number of households with 300 or more households is two). It is the same as the Resident Support Consultative Body for the 2-year Resident Support under the Act on the Promotion of Waste Facilities for Residents, including one chairperson, one vice-chairperson, one general secretary, and two auditors, a kind of internal organization.

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