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(영문) 전주지방법원 2018.01.11 2017구합524
폐기물처리사업계획 거부처분 취소
Text

1. The Defendant’s rejection disposition against the Plaintiff on October 18, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 27, 2016, the Plaintiff submitted to the Defendant an application for occupancy contract of an industrial complex to the Defendant for the Hasan-si container 1941 (hereinafter “instant factory site”) in the Hasan-si 3 General Industrial Complex (hereinafter “instant industrial complex”).

The Plaintiff submitted the above occupancy contract application along with the business plan regarding the business to be operated in the industrial complex of this case. Of the outlines of the above business plan, the type of business as to the current status of products was described as “Tin and Pluter Manufacturing (23312)”, “all additives”, and the product name as “Tlu and Plutin”, and the main raw material.

The Defendant, upon receiving the above application from the Plaintiff, concluded an occupancy agreement on the industrial complex site of this case with the Plaintiff.

B. On September 19, 2016, the Plaintiff submitted a waste disposal business plan to the Defendant pursuant to Article 25(1) of the Wastes Control Act.

In the outline of the above waste disposal business plan, the category of business was stated as the site of the case, “total waste recycling business,” “general wastes (fluort residues- coal materials),” “the planned site for the installation of facilities and equipment, and the planned site for the office.”

(hereinafter referred to as “the above waste treatment business plan” is called the instant business plan (c).

After reviewing the instant project plan on October 18, 2016, the Defendant issued a notice that the said plan is improper for the following reasons.

(hereinafter “instant disposition”). A.

As a result of the review, improper waste disposal business plan - The location, etc. of waste disposal facilities conflict with other Acts: "General Industrial Complex Management Plan for the 3rd General Industrial Complex" publicly notified by the Governor of Jeollabuk-do pursuant to Article 33 of the Industrial Cluster Development and Factory Establishment Act is defined as buildings approved by the management agency as factories and subsidiary facilities for factories, and therefore the comprehensive waste recycling business does not fall under such plan.

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