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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. The Plaintiff is a corporation established for the purpose of the business of manufacturing solid fuels, chips, fire fighting firesaw, forest waste treatment business, etc.
B. On March 18, 2017, the Plaintiff submitted a waste treatment business plan to the Defendant on waste treatment with the content that he/she operates a general waste recycling business (hereinafter “instant business”) using waste products (class 1, 2, and 3) as waste subject to business at the land outside Jin-si as follows:
(hereinafter referred to as the "project plan in this case"). Waste-based timber (class 1, 2, and 3): 50HP x 1 crushing facilities: 300 HP x 1: 675 cubic meters ¡¿ 1,1,552.5 cubic meters x 1,000 tons or more of the average volume of disposal of waste wood products (class 23): 30 tons or more of the total volume of waste-based timber products (class 23): 70 tons or daily products, solid fuels (Bio-SF), fire-fighting facilities, report on installation of noise and vibration emission facilities, report on installation of air emission facilities, application for noise and vibration emission facilities, and report on installation of noise and vibration emission facilities, etc. of 1,552.5 cubic meters x 1,00 tons or more of collecting vehicles.
C. On June 22, 2017, the Defendant determined on the Plaintiff that “(i) the planned area of the instant project plan is located at a distance of approximately 600 meters with C surface and D elementary schools and approximately 800 meters, and that the damage caused by dust dust and fine dust will affect neighboring residents and travelinging residents.” ② Waste timber (class 3) containing a halog organic compound harmful to the human body falls under a waste subject to business, which is anticipated to cause environmental damage due to the scattering of waste timber (class 3) and is likely to adversely affect residents’ health, and ③ waste timber (class 3) containing a halog organic compound is likely to cause environmental damage due to the scattering of waste timber (class 3) as it constitutes an waste subject to business, such as submission of an application for carbon to oppose the occupancy of the waste recycling company of the instant project, etc., in accordance with Article 25(2) of the Wastes Control Act.”