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(영문) 의정부지방법원 2016.07.12 2015구합8324
폐기물처리사업계획서불가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 6, 2014, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) with the following details to the Defendant in order to operate a final waste recycling business by installing an incineration heat recovery facility (hereinafter “instant facilities”) on the land outside B and two parcels in Yangju-si.

Name of disposal facilities: facility specifications for incineration heat recovery facilities: Type of wastes subject to 395km/ Si disposal: 1,185 tons/it shall be for disposal of waste fibers:

B. On November 18, 2014, the Defendant issued a non-permission disposition on the instant project plan on the ground that the Plaintiff’s construction of the relevant facility constituted “facilities affecting human health or surrounding environment” under Article 25(2)4 of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015; hereinafter “former Wastes Control Act”).

(hereinafter “instant disposition”). C.

The plaintiff is dissatisfied with this and filed an appeal with the Gyeonggi-do Administrative Appeals Commission on January 2015, but was dismissed on March 25, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3-1, 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was designed to emit air pollutants below the permissible emission levels and did not affect human health or the surrounding environment, the Defendant’s non-permission disposition on the instant business plan is unlawful as it did not have any legal basis or abused discretion.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. As a result of examining the matters listed in each subparagraph of Article 25(2) of the former Wastes Control Act in examining whether there is a legal basis for the instant disposition 1, the administrative agency is in accord with the relevant waste disposal business plan, even if there is no conflict or problem.

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