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(영문) 광주고등법원 (전주) 2018.12.10 2018누1447
배출시설(계사)설치허가처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the disposition by the court is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. The plaintiff alleged by the defendant is not the other party to the disposition of this case and does not have any legal interest as to the disposition of this case. Thus, the plaintiff is not entitled to standing to sue before the plaintiff institutes the lawsuit of this case, and there is no interest to seek revocation of the disposition of this case as the plaintiff completed

B. Determination 1) Even if a third party who is not the direct counter-party to an administrative disposition is not the party, if the legal interests protected by the administrative disposition are infringed, it shall be entitled to obtain the decision of the propriety thereof by filing an administrative litigation seeking the revocation of the administrative disposition or the confirmation of invalidity thereof (see, e.g., Supreme Court en banc Decision 2006Du330, Mar. 16, 2006). A third party who files an action for revocation on the ground that his environmental interests are infringed or are feared to be infringed by the administrative disposition is verified that his environmental interests are individual, direct, and specific interests protected by the relevant laws and regulations or the relevant laws and regulations, i.e., the standing to sue that they are legally protected interests. However, if the applicable laws and regulations of the administrative disposition or the relevant laws and regulations stipulate specifically the scope of influence that the environmental interests are anticipated to be infringed by the administrative disposition, it may be anticipated that the residents in the affected area will directly and seriously cause the environmental damage to the individual residents. Such environmental interests are directly, specific interests individually protected by the individual.

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