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(영문) 의정부지방법원 2017.06.13 2016구합9737
폐기물처리사업계획부적합통보처분취소
Text

1. On January 29, 2016, the Defendant’s disposition of notification of failure to comply with the waste treatment business plan rendered against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On January 15, 2016, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) to install waste disposal and storage facilities (hereinafter “instant waste disposal facilities”) on B and two lots of land (hereinafter “instant application site”) including the Defendant at the time of selling the waste in order to run a general waste recycling business, and to manufacture and remove plastic plastic products, etc. by crushing and melting waste synthetic resin (hereinafter “instant business plan”).

- The executive accommodation of the military unit is located on the land immediately adjacent to the application site, and the remaining side is located at a point of 400 meters in the north via C Elementary School and the north side of 700 meters. In addition, within the radius of 1km, it is determined that the surrounding environmental damage will continue at the time of the operation of the facility due to the characteristics of the waste synthetic resin recycling business where approximately 700 people live in the natural village, and there are many noise, dust, and malodors. - The main focus on entering the application site is a narrow-distance agricultural and fishing village of the second line without walking, and the D village-centered department and C elementary school should pass, so it is highly likely that the safety of elementary school students who transport wastes would be threatened if the cargo vehicles are operated, as above, at the point of public interest, on the possibility of environmental damage to neighboring residents and on the risk of disaster safety.

On January 29, 2016, the Defendant: (a) examined whether the instant business plan had an impact on human health or the surrounding environment by installing and operating waste disposal facilities pursuant to Article 25(2)4 of the Wastes Control Act; and (b) notified the Plaintiff of the lack of conformity for the following reasons (hereinafter “instant disposition”).

C. The plaintiff is dissatisfied with the disposition of this case, and the Gyeonggi-do Administrative Appeals Commission.

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