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(영문) 춘천지방법원 2015.06.12 2014구합1497
주민투표 청구인대표자증명서 불교부처분취소
Text

1. On November 3, 2014, the Defendant’s disposition not to issue a certificate of representative of petitioners for residents’ voting against the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. The Defendant decided to install “the instant waste disposal facilities consisting of Pyeongtaek-gun’s General Waste Disposal Facilities (48,00 square meters), incineration facilities (20t/day of disposal capacity), vehicle scrap facilities (10t/day of disposal capacity), recycling facilities (3,000 square meters of disposal capacity), and facilities for treating industrial water (50t/day of disposal capacity)” (hereinafter “instant waste disposal facilities”). On August 12, 2005, the Defendant determined and publicly announced Gangseo-gun and 48 lots outside Pyeongtaek-gun as the instant waste disposal facilities pursuant to the Act on Promotion of Installation of Waste Disposal Facilities, Assistance to their Environs, etc., and the Governor of Gangwon-do announced the approval of the plan for the installation of waste disposal facilities on September 23, 2005.

B. On April 13, 2007, the Defendant constituted a Resident Support Council with the representative of neighboring residents, etc. to support surrounding areas affected environmentally due to the installation and operation of the instant waste disposal facilities, and created KRW 4 billion with the Resident Support Fund.

On December 13, 2007, the Resident Support Council held a meeting, and notified the Defendant of the two billion won out of the Resident Support Fund as the business fund of the Resident Support Council, and the remaining two billion won as the C Development Fund, after a resolution was passed at the C Development Fund, to each support. The Defendant paid two billion won to the Resident Support Council on December 31, 2007, and two billion won to the 3rd Council on January 3, 2008, according to the result of the deliberation of the Fund Operation Deliberation Council.

C. However, on November 2012, 922 residents who reside in Sejong-gun, Gangwon-do, recommended 13 representatives of each Ri in order to promote the re-distribution of the Resident Support Fund, asserting that the Resident Support Fund paid to C Service from around 1, 2012 was not fairly executed, and that the Fund should be distributed and managed for each Ri, and the aforementioned representatives established the Resident Support Fund Distribution Management Committee on April 15, 2014.

The plaintiff, who is the chairperson of the Resident Support Fund Distribution Management Committee, shall be the household ratio of C 13 units of the Resident Support Fund managed by the C Service Council.

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