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(영문) 광주고등법원 2016.08.18 2015누6919
주변영향지역거주확인 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit was terminated by the Plaintiff’s death on January 10, 2016.

3...

Reasons

1. Details of the instant disposition

A. On October 18, 2004, the head of B/Gun (hereinafter “Defendant”) who is the representative of the Defendant (hereinafter “Defendant”) started the construction of “D” (hereinafter “instant facilities”) which is a waste disposal facility as prescribed by the former Act on Promotion of the Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 13170, Feb. 3, 2015; hereinafter “former Waste Management Facilities Promotion Act”) and completed December 12, 2006, and used the instant facilities from October 12, 2007.

B. According to Articles 17, 21, and 22 of the former Waste Facilities Promotion Act, an agency installing waste disposal facilities shall determine and publicly notify the neighboring areas that may be affected environmentally due to the installation and operation of waste disposal facilities (hereinafter “the affected neighboring areas”) and shall create a residents support fund to support the residents of the affected adjacent areas for the projects to support the improvement of income and the promotion of welfare of the residents of the affected adjacent areas. Around July 2009, the Defendant determined and publicly announced the affected adjacent areas as follows pursuant to Article 17 of the former Waste Facilities Promotion Act and Article 17 of the Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs Areas Act

Location and effective period of the affected neighboring area

(a) Sphere of direct influence: Within the D site in C;

(b) Indirect impact areas: 8 villages within a radius of 2 km centered on D - E (4 villages): E 1-4 (F, G, H, I) - J (3 villages): J 1-3 (K, L, M) - Go Chang-gun N Village;

(c) Period of designation: Until December 31, 2087; and

C. Meanwhile, pursuant to Article 17-2 of the former Waste Facilities Promotion Act, 11 persons, including the representative of residents of eight villages within the area of indirect influence, the defendant’s military council members and two professors, etc., are organized, and the consultative body of this case relating to resident support projects.

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