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(영문) 전주지방법원 2021.01.28 2020구합1251
폐기물처리 사업계획서 부적정 통보 처분 취소청구의 소
Text

The Defendant’s disposition of notification of improper information about a waste treatment business plan rendered to the Plaintiff on May 21, 2020 is revoked.

(b) Costs of lawsuit;

Reasons

1. Details of the disposition;

A. On March 20, 2020, the Plaintiff submitted to the Defendant a waste disposal business plan (hereinafter “instant business plan”) with the content of operating a medical waste interim disposal business (hereinafter “waste disposal facility”) on the ground (hereinafter “instant facility”) on the ground of Jung-Eup Si B, C, and D (hereinafter “the instant application site”). The Plaintiff submitted the instant business plan to the Defendant. The content of the business plan is “the instant business plan”).

B. On April 1, 2020, the Defendant sent the instant project plan to the Intervenor joining the Defendant (hereinafter “ Intervenor”), and sought opinions on the restriction on the location of the instant application site and whether the instant project plan conflicts with the statutes.

(c)

After May 8, 2020, the Council revised [Attachment 24] concerning the "Standards, such as the distance, etc. for a specific building or structure," as prescribed by the Ordinance of Jung-gu City/Eup/Myeon Ordinance of May 8, 2020 [hereinafter the amended Ordinance shall be referred to as the "Ordinance of this case", and [Attachment 24] shall be referred to as the "Ordinance of this case"]. The main contents of the Ordinance shall be as follows: "The site for the interim disposal of medical waste (for each lawsuit) shall be at least one km from tourist destinations (5 units or more), school, facilities used from time to time by the public, cultural heritage, etc.; and it shall not be located in the arable area where agricultural production infrastructure has been improved.

“.....”

(d)

The intervenor around that time goes against the standard that “the instant application is to be filed by the defendant at least 5 times from the village dwelling site in accordance with the instant Ordinance [Attachment Table 24] and the location is to be separated at least 1 km from the village dwelling site. [Attachment 20] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”)], and application for building permission or building report under the Building Act shall be filed in advance, and building permission shall be granted only when it conforms to the relevant statutes, such as the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

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