1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On February 7, 2017, the Plaintiff submitted a business plan to install a waste disposal facility and conduct a construction waste disposal business (hereinafter “instant business plan”) on the land outside 14-65 and two parcels (hereinafter “the instant land scheduled for business”).

B. On April 3, 2017, the Defendant: (a) notified the Plaintiff of the instant business plan on the following grounds: (b) holding the business site and the ecological conservation value of the surrounding forests; (c) infringing residents’ environmental rights due to air pollutants; (c) water pollution due to wastewater generated; and (d) concerns over the occurrence of accidents due to the collection and transportation of waste; and (c) providing the Plaintiff with improper notification as to the instant business plan by each sequence (hereinafter collectively referred to as “reasons for each of the instant dispositions”; and (d) aggregating them, “each of the

(hereinafter “instant disposition”). C.

On the other hand, the plaintiff filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, which was dismissed on September 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 8 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The Defendant violated Article 23(1) of the Administrative Procedures Act by failing to present the grounds while rendering the instant disposition. 2) The Defendant considered the instant project plan in accordance with Article 21(2) of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”). However, the Defendant reviewed not only the matters not prescribed in the said provision but also the matters prescribed therein.

Therefore, the instant disposition was deviates from and abused discretionary power.

(2) In addition, pursuant to Article 21 (2) 4 of the Construction Waste Act, the defendant shall be the defendant.