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(영문) 창원지방법원 2015.07.07 2014구합2070
주변영향지역 지역주민 지위확인 등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 1, 1995, the Defendant Jinju Mayor established a waste reclamation site (hereinafter “the instant waste reclamation site”) at Jinju-si, which is a waste disposal facility as provided by the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Promotion Act”), located within the Japanese territory No. 287, Jinju-si, Jin-si, Jinju-si, Seoul.

B. According to the relevant Acts and subordinate statutes, such as Articles 17, 17-2, 21, and 22 of the Waste Promotion Act, Articles 17, 18, and 27 of the Enforcement Decree of the Waste Promotion Act, an agency installing waste disposal facilities shall determine and publicly notify the surrounding area that is affected environmentally due to the installation and operation of waste disposal facilities (hereinafter “the affected neighboring area”) and shall use it for projects to support the improvement of income and the promotion of welfare of residents of the affected adjacent areas by creating the Resident Support Fund to support residents of the affected adjacent areas.

In addition, the agency installing waste disposal facilities shall consult with the residents support council consisting of the representatives of residents in the location of the relevant waste disposal facilities (hereinafter referred to as the "support council") and determine the scale of support, type of support projects, support subjects, etc., of the residents support fund. The resident support council for the areas surrounding the Jinju Urban Waste Reclamation Site (hereinafter referred to as the "Defendant support council") is the support council consisting of the representatives

C. H area in J in Jin-si, where the plaintiffs are registered or resided, is the place where H area is publicly announced as an indirect impact right under Article 17(3)2 of the Waste Promotion Act within 2 km from the boundary line of the site of the relevant garbage reclamation site.

The defendant Jinju Mayor has a plan to create and pay KRW 1.5 billion residents support fund to support neighboring residents of the instant garbage reclamation site. The plaintiffs have resident registration in the H area, but the housing is located in another place.

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