1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the Plaintiff asserts that the disposition of this case against the Plaintiff was unlawful because the Defendant did not give any opportunity to supplement the Plaintiff, and that the reason for the disposition of Articles 1 through 4 was merely by a remote trend without any objective data, and that the instant scheduled project area is not inferior in environmental aspects, etc. even if compared with the location of other waste disposal facilities near the race-si, and that the affairs related to the installation of waste disposal facilities are reasonable to be handled uniformly at the Gyeongbuk-do Governor level who is not a member of the racing market but a delegated agency for business affairs. In light of the circumstances, the Defendant’s disposition of this case against the instant project plan was deemed to have abused or abused discretion.

However, considering the possibility of judicial review of discretionary action based on the discretion of the administrative agency, the court will examine only whether the act in question is abused or abused from discretion without drawing an independent conclusion. Unless there are special circumstances where the standard established by the administrative agency in carrying out discretionary action is objectively unreasonable or unreasonable, the opinion of the administrative agency should be respected as possible.

In particular, when examining whether there is deviation or abuse of discretionary power in relation to the permission of the agency for development activities that are likely to cause environmental damage or pollution, it is necessary to balance the rights and interests of interested parties with interests inconsistent with the specific local situation such as the land use status and living environment of the residents in the area and protect the environmental rights.