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(영문) 의정부지방법원 2017.12.19 2017구합12167
폐기물처리사업계획부적합통보처분취소
Text

1. On November 24, 2016, the Defendant’s disposition of notifying the Plaintiff of the inappropriate waste treatment business plan shall be revoked.

2.

Reasons

1. Details of the disposition;

A. On November 3, 2016, the Plaintiff submitted to the Defendant a waste disposal business plan (hereinafter “instant business plan”) with mutual name “Korea Environment Smart”, “waste intermediate disposal business”, “food waste subject to business,” “food waste disposal business”, and “3 lots of 1,00,00,000,000,000 in the Seoul Special Metropolitan City (hereinafter “instant business plan”).

B. On November 24, 2016, the Defendant issued a non-conformity notification to the Plaintiff that “The part examined pursuant to Articles 14 and 25(2)4 of the Wastes Control Act is inappropriate for the following reasons” (hereinafter “instant disposition”).

As a result of a review on the current status, etc. of disposal of food wastes generated within the jurisdiction of the State of Pakistan is possible to be fully treated by public disposal facilities and private recycling enterprises, it is unnecessary to install at the State of selling waste disposal enterprises to dispose of domestic wastes (food logistics wastes) that are obligations of the local government such as each Gu office of Seoul Metropolitan Government, such as each Gu office, as described with the thickness, and rather, it is likely to adversely affect the health and living environment of neighboring residents. As such, after a comprehensive review of the obligations of local government heads of wastes disposal under the Wastes Control Act, the review of the possibility of environmental damage to neighboring residents, the possibility of environmental damage to neighboring residents, and the impact on the health or surrounding environment, the notification inappropriate

C. The Plaintiff filed an objection with the Defendant on January 2, 2017. However, on January 10, 2017, the Defendant responded to the Plaintiff on January 10, 2017 that “the instant business plan, like the instant disposition notified on November 24, 2016, is inappropriate as a result of an examination pursuant to Articles 14 and 25(2)4 of the Wastes Control Act,” and the Plaintiff filed an appeal with the Gyeonggi-do Administrative Appeals Commission on January 24, 2017.

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