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(영문) 창원지방법원 2020.07.09 2019구합52544
폐기물처리사업계획서 부적정통보처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is a corporation established on October 25, 2016 to engage in an interim waste recycling business, including waste collection, transportation, and interim disposal.

B. On March 23, 2017, the Plaintiff purchased all the instant factory operation, “the instant application site” and “60 meters wide, 15 meters high, 12 meters high, empty factory buildings, and hereinafter referred to as “the instant factory operation”).

C. On October 8, 2018, the Plaintiff submitted to the Defendant a waste treatment business plan stating that he/she intends to conduct the following interim recycling business in the instant application form:

The business plan of this case hereinafter referred to as the "business plan of this case"). The interim recycling business (the type of manufacturing intermediate processed wastes for the manufacture, etc. of products) and the legal standards: The business plan of Article 3 (1) 1 of the Enforcement Rule of the Wastes Control Act: The collection of waste synthetic resin (excluding waste plastic resin) from among the general wastes in the factory and the general wastes of business: The facilities that recycle waste plastic solid fuels, which are intermediate processed wastes, and supply them to factories using them as heat source after the process of screening, crushing, etc.: The facilities that recycle waste solid fuels, which are intermediate processed wastes, and supply them to factories using them as heat source: the noise and vibration (production capacity 2/h), the air field (facilities), the storage facilities (the emission facilities of 450 tons and the maximum treatment quantity per day shall be 16 tons and per day): the storage facilities of waste synthetic resin (the emission facilities of 450 tons and the storage facilities of 50 tons and the maximum treatment quantity per day: 50 tons and per day: the transport vehicle.

D. On November 16, 2018, the Defendant notified the Plaintiff of the instant business plan on the following grounds pursuant to Article 25(1) and (2)4 of the Wastes Control Act, Article 7 of the Water Supply and Waterworks Installation Act, and Article 12 of the Framework Act on Environmental Policy, etc.

(hereinafter “instant disposition”). Grounds for disposition (1) is located near a project site, C(250m), C(250m), C(50 to 200m), D village(150m), E village(400m), E village(600m), and Jin-gun’s F village(600m). The agricultural products storage adjoin. (2) The instant project site is an important quarterly point that is moving to a tourist resort in Northwest-gun’s area and is adjacent to C, and wastes.

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