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(영문) 대전고등법원 (청주) 2018.08.29 2017누3527
공장사업계획변경 불승인처분 취소
Text

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.

Reasons

1. The plaintiff's assertion by the court of first instance, which cited the judgment, is not significantly different from the argument by the court of first instance, and the fact-finding and judgment by the court of first instance seems legitimate

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the first instance except for the modification or addition in accordance with Paragraph (2). Therefore, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of

2. Parts added or corrected;

A. The following parts are added to the first instance judgment Nos. 11, 13, and 14, on the grounds that the instant disposition is deemed to contravene the principle of proportionality and the principle of equality, and it is difficult to deem that the discretionary power was abused or abused.

9 In general, administrative agencies exercise discretionary power granted in the process of law enforcement by respecting the changed public value due to changes in social environment, reality, economic conditions, etc. In particular, with respect to environmental administration, development activities permitted in the past due to the increase of environmental public interest to be secured by public law regulations may be improved and maintained by not permitting it in accordance with a policy judgment that it is inappropriate, which does not violate the principle of equality. However, unless development activities conducted in the past as a beneficial administrative act do not withdraw all the development activities conducted in the past, restrictions on beneficial administrative acts in accordance with the strengthened environmental standards are impossible in all due to the principle of equality, and bring about unreasonable results. The Plaintiff’s factory is a place where approval for the new construction of a factory was granted on May 206 (Evidence 5), and a factory of AAAB corporation, a waste disposal company, is also a place where approval for the new construction of a factory was granted on October 23, 2006 (No. 11).

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