logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.05.25 2016누4583
공장설립불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff is a juristic person established for the purpose of crushinging waste concrete poles and recycling aggregate, manufacturing business of ready-mixeds, etc., and has its head office in Geum-gun, Jeonbuk-gun, Jeonnam-gun, Jinnam-gun, the main office of which is 19-52, and Donam-gun, the Donam-gun, the Donam-gun, the Donam-gun, the Donam-do

B. On October 28, 2013, the Plaintiff filed an application with the Defendant for permission to engage in development activities for 11,185 square meters out of the Dosan-gun and 3 lots of Donam-gun, Gangnam-do, Chungcheongnam-do, Chungcheongnam-do for the purpose of changing the form and quality of site for waste recycling business sites (hereinafter “instant application site”).

On January 23, 2014, the Defendant: (a) decided the period of permission for the Plaintiff from January 23, 2014 to September 30, 2014; and (b) granted permission for development activities (hereinafter “instant permission for development activities”).

C. On August 29, 2014, the Plaintiff filed an application with the Defendant for approval to establish a manufacturing factory to newly build a ready-mixed factory on two parcels, including 6,669 square meters in Donam-gun, Chungcheongnam-do, Seoul-gun, the part of the instant application site (hereinafter “instant factory site”), including 22-11, ricle 41-5, the same ricle 41-5, etc. (hereinafter “instant application”). The Plaintiff filed an application for approval to change the content of development activities on the construction of a ready-mixed factory and for the extension of the period of permission for development activities.

On October 7, 2014, the Defendant notified the Plaintiff of the rejection of the instant application due to the following reasons (hereinafter “instant disposition”).

According to Articles 10 and 35(1) of the Constitution of the Republic of Korea, in light of the content of the grounds for the second disposition of the Framework Act on Environmental Policy (hereinafter referred to as the "grounds for First Disposition"), the Environmental Impact Assessment seems to be a clerical error of the "

Although residents, etc. can actively participate in the process of environmental impact assessment, etc. by providing sufficient information on projects subject to environmental impact assessment, etc. pursuant to Article 4, residents' participation is not smooth.

arrow