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(영문) 청주지방법원 2018.06.28 2017구합1075
폐기물처리업(종합재활용업)사업계획서 부적합 통보처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 23, 2016, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) to install waste disposal facilities with a daily production capacity of 200 tons/hours for waste disposal (hereinafter “instant facilities”) on the ground of 9,970 square meters (hereinafter “the instant application site”) among the 33-18 forest areas in the Maduk-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the preservation management area of which is 3,270 square meters, and a recycling facility, which is a waste disposal facility with a daily production capacity of 200 tons/dayss of organic nitrogen (hereinafter “instant facilities”).

B. On March 25, 2016, the Defendant demanded the Plaintiff to supplement the instant business plan by March 25, 2016, including “(i) preparation of partial deficiencies on the business plan; ② additional preparation of the recycling plan of wastes subject to recycling (in addition, submission of the basic design drawings, etc. to verify the details of installation of facilities and equipment; the error of usage of raw materials and products; the submission of the work location, etc. according to the work process; and the calculation of the capacity of storage facilities; and (ii) submission of the basic design, etc. to verify the specifications and capacity of recycling facilities and preventive facilities; and (iii) submission of accompanying documents at the time of application for permission for installation of emission facilities or report on installation of emission facilities; (iv) submission of documents verifying the ownership of the land in the business site; and (v) submission of documents verifying the grounds for disqualification, etc., and the Plaintiff submitted supplementary documents to the Defendant on April

C. On April 15, 2016, the Defendant, as to the instant business plan, operated the Plaintiff on the following grounds: (i) the scope and impact of malodor damage caused by the construction of additional facilities to prepare the recycling plan for wastes subject to recycling; (ii) the expected extent of damage caused by the generation of malodor and its impact; (iii) measures to treat the industrial effluents; and (iv) the daily treatment volume calculation statement for the facilities related to recycling; and (v) the securing of a view

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