The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

The Defendant established the Gangseo-gu Busan Metropolitan City Green Waste Reclamation Site (hereinafter referred to as the “instant waste reclamation site”) in Gangseo-gu Busan Metropolitan City, and at the time, the residents of 27 villages, including the 11 village, such as the private village, etc. residing by the Plaintiffs (hereinafter referred to as the “nurt village”) and the residents of the 11st village, including the Gu-gu village (hereinafter referred to as the “Yansan Environmental Countermeasure Committee”), opposed to this, the supplementary intervenors selected two representative members, and organized the Green Environment Countermeasure Committee (hereinafter referred to as the “Yansan

B. On September 18, 2001, the Defendant and the Green Environment Countermeasure Committee agreed on the establishment and operation of the instant waste reclamation site, the creation and support of the Resident Support Fund (hereinafter “the first agreement”). The area is the affected area under Article 17(1) of the former Act on the Promotion of the Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (amended by Act No. 7169 of Feb. 9, 2004; hereinafter “former Waste Promotion Act”). The impact level includes the contents that are to be determined according to the results of the environmental impact assessment (Article 6 of the Agreement).

C. After that, the Defendant, a resident support council under Article 17(2) of the former Waste Promotion Act, organized the Defendant’s Intervenor’s Intervenor’s Intervenor’s Busan Environmental Resource Park Resident Support Council (hereinafter “resident support council”), and made a decision on August 8, 2003 on the affected neighboring area (hereinafter “the first decision and public notice”), after going through the relevant laws and regulations, such as having a specialized research institute selected by the resident support council investigate environmental impacts.

According to the original decision, the discharge of green mountain-dong was determined as the affected neighboring area, and the private village among the village in the dispute may have an impact on the residents' living in the middle of the area A, which may cause partial inconvenience to the residents' living by the noise of the air malodor in the area.