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(영문) 대전지방법원 2015.08.27 2014구합1484
폐기물처리사업계획서부적정통보처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 29, 2013, the Plaintiff: (a) installed a waste treatment facility in the form of the Red Sea with a total of 68,042 square meters of the area of 34 lots, including 2,797 square meters of forests and fields B in Chungcheongnam-gun, Chungcheongnam-do; and (b) submitted a waste treatment business plan (hereinafter “instant business plan”) to the Defendant (hereinafter “instant business plan”) pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) of the Enforcement Rule of the same Act on October 29, 2013.

B. After gathering opinions from the Korea Environment Corporation, etc., the Defendant notified the Plaintiff of the instant business plan due to the same reasons as indicated in attached Form 1, December 19, 2013.

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s 1 through 3, and 39 certificates (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the disposition of this case was unlawful since each of the following grounds were erroneous or abused by mistake or lack of rationality.

1) The improper grounds for the instant project plan include improper reasons for the installation of facilities, equipment, etc. are limited to the recommended matters to supplement, or to state, unclear or omitted parts, or to use more appropriate construction methods, and it is possible to sufficiently revise and supplement them in the course of carrying out the project. 2) Considering the demand for waste that will be generated in the future in the Cheongyang-gun, Cheongyang-gun, in consideration of Chungcheong and Sejong City, and Mapo-si, etc.

3) The content of asbestos in the instant application does not exceed the legal standard so that there is no possibility of damage caused by asbestos due to the lack of harm to human body. 4) In light of the location of elementary schools, resident residence status, surrounding road conditions, etc.

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