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(영문) 전주지방법원 2014.12.24 2013구합694
폐기물처리사업계획서 부적정통보처분 취소
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 November 8, 2011, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) with the content that the Defendant operates the waste disposal business (hereinafter “instant project”) from the 262, the Magsan-si, the Magsan (hereinafter “instant prospective site”).

B. On January 11, 2012, the Defendant rendered an improper notice of the instant business plan (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

① In light of the characteristics of the prospective site for waste disposal project in this case, it is anticipated that the adverse impact of the water quality and quantity of the water sources and the dysiums flowing into the main stream of the water source of the neighboring residents at the time of the construction and operation of the waste reclamation facility and the operation of the prospective site for waste disposal project in this case. (B) The minimum separation distance between the prospective site for the project in this case and the old new river is 506 meters or the prospective site for the project in this case is located inside the valley located within the boundary of the location limitation, and is judged to have a negative impact on the location limitation prescribed in Article 20 of the Act on Water Management and Resident Support, etc. in the Yeongsan and Seomjin River Basins because the prospective site for the project in this case is ecologically connected to the old river, and the urgency in installing the waste disposal facility is not recognized. (3) The installation of the designated waste disposal facility was suspended due to improper reasons in the past. (4) Moreover, it is not appropriate to set up the new site number No. 1 or 7.

2. Determination on the legitimacy of the instant disposition

A. The defendant's summary of the plaintiff's assertion is the defendant.

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