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(영문) 창원지방법원 2016.03.22 2015구합20921
폐기물처리사업계획서 부적합통보처분 취소 청구
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 January 15, 2014, the Plaintiff submitted a waste disposal business plan (1st) to the Defendant (hereinafter “instant project”) to conduct the business of manufacturing waste-based solid fuels by crushing waste-based pulverizing waste-based pulvers in Sacheon-si B (hereinafter “the instant application site”), but voluntarily withdrawn the said documents on February 5, 2014.

B. The Plaintiff submitted a waste disposal business plan (II) on August 28, 2014. However, on September 30, 2014, the Defendant issued an inappropriate notification to the said business plan on the grounds that “(i) the occurrence of environmental pollution damage under Article 25(2)4 of the Wastes Control Act, (ii) the failure to report the installation of air discharge facilities, (iii) the failure to classify the category of business, and (iv) the protection of public interests, such as residential stability, etc. of residents, rather than the private interests of the

C. On December 11, 2014, the Plaintiff submitted a waste disposal business plan (third vehicle) with some materials supplemented. However, on December 30, 2014, the Defendant issued a notice of inappropriate notification to the said business plan on the grounds that “(i) calculation of waste disposal facilities’ disposal capacity is inaccurate and thus it is not possible to review air pollutants, etc.; ② occurrence of environmental damage, such as fine dust and water from waste disposal process; ③ protection of public interest, such as residential stability, etc. of residents rather than business owners’ private interest,” under Article 25(2)4 of the Wastes Control Act.

On January 26, 2015, the Plaintiff submitted a waste disposal business plan (the fourth business plan; hereinafter “instant business plan”) and the main contents are as follows.

Types of Business: Wastes subject to comprehensive waste recycling business and treatment capacity - Types of waste and treatment capacity: Waste disposal - Waste treatment capacity: 160t/day: Raw materials (160t/day): - Primary - Secondary - Secondary - Secondary - Secondary - Secondary - Noise carrier - Product shipment - Three-Hic 24t/day of solid fuel (non-presidential fuel (non-PSRF), steel depth 24t/day) and installation plan for waste disposal facilities.

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