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(영문) 대전지방법원 2017.11.22 2017구합103558
토석채취허가신청반려처분취소
Text

1. The Defendant’s disposition of rejecting an application for permission to collect earth or stone against the Plaintiff on June 8, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

In the case of Asan-si, Sinsan-si, Masan-1 (hereinafter referred to as the "Masan-si") collected earth and stone with permission for quarrying from the Defendant since 1991 by large forest industry, etc., and the Plaintiff collected earth and stone from the Defendant from December 24, 2004.

The Plaintiff formulated a business plan with a content of expanding the area of stone gathering from 97,236 square meters to 235,317 square meters (hereinafter “the instant business plan”) from 97,236 square meters, and formulated a draft environmental impact assessment report according to the instant business plan.

The Plaintiff prepared an environmental impact assessment report that reflects the opinions presented by the relevant administrative agencies through the procedures for collecting opinions from residents, etc. on the draft of the said environmental impact assessment report, and filed an application for permission to collect earth and stones with the Defendant on March 2017.

On April 3, 2017, the defendant requested consultations on environmental impact assessment made by the plaintiff to the basin basin environmental office.

On May 30, 2017, a basin basin basin environmental office has notified the Defendant of his opinion that the instant project plan itself consents, and the main contents of the opinion are as follows:

This project is judged to have a negative impact on landscape due to exposure to long-term eclimatic environments and residents' health due to the extension plan of the project to expand existing collection of earth and rocks, and to have a negative impact on landscape due to exposure to long-term eclimatic environments and residents' health. Therefore, this project plan is not desirable in the environmental aspect

1. Damage to the natural ecosystem environment;

(a) One project which damages the natural ecosystem environment is already utilized as much as possible for the development of tinsansan, considering the topographical axis that distributes in this area and the relevant topographical conditions, and is an important ridge axis for the coast connected from sarsan to marsan mountain.

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