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(영문) 인천지방법원 2018.10.04 2017구합51482
폐기물처리업불허가처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on March 22, 2017 rejecting the application for license for waste treatment business is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 11, 2016, the Plaintiff reported the suitability of the Defendant’s waste disposal business plan: (a) collected and transported wastes, such as waste synthetic resin, waste packaging materials, etc., from Incheon Gyeyang-gu (hereinafter “the instant application site”); and (b) produced intermediate processed wastes using recycling facilities; and (c) submitted a waste disposal business plan to conduct interim recycling business with a content of shipping them to final recyclers or general recyclers.

On April 4, 2016, the Defendant issued a suitable notice to the Plaintiff regarding the Plaintiff’s waste treatment business plan with the following conditions attached.

If civil petitions, etc. that affect human health or the surrounding environment are generated due to the installation and operation of waste disposal facilities under Article 25 of the Wastes Control Act by a waste treatment business plan, which shall not be used for any purpose other than the application for permission for waste disposal (interim recycling business) within two years from the date of notification of the suitability of the business plan without changing the details of the business plan (the modification of the business plan at the time of the modification) and facilities, equipment, technical capability, etc. in accordance with the standards prescribed by Ordinance of the Ministry of Environment, shall be recorded in the business registration certificate at the time of permission in the future (hereinafter referred to as the "instant conditions")

B. The purport that, on May 15, 2016, residents of D companies, etc., such as food and livestock products processing companies C and food packing materials, located in the vicinity of the instant application site, and residents of Eins (24 households), who reside in the instant application site, should not be granted a license for waste treatment business, as malodor, hazardous substances, piracy, etc. are likely to cause damage if waste treatment business is operated at the instant application site.

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