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(영문) 대전고등법원(청주) 2016.11.09 2015누11302
수질오염방지시설 결정안 부결처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The court's explanation concerning this part of the grounds for appeal is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion and the plaintiff

B. The reasoning for the court’s explanation on this part of the relevant statutes is the same as that 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 text of Article 420 of the Civil Procedure Act.

C. The reasoning for the court’s explanation on this part is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The main issue of whether the grounds for disposition exists, the deviation and abuse of discretionary power, and the relevant legal principles are the infrastructure under Article 2 subparagraph 6 (g) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), which are the infrastructure under Article 2 subparagraph 6 (g) of the same Act, and “environmental infrastructure facilities, such as sewerage waste disposal facilities,” which shall be determined by an urban management plan in advance pursuant to Article 43 (1) of the same Act.

In addition, according to Articles 24(1), 26(1), and 29(1) of the National Land Planning and Utilization Act, an urban management plan may be determined by the Do Governor directly or upon the application of the head of a Gun, the head of a Gun may formulate an urban management plan for an area under his/her jurisdiction, and interested parties, such as residents, etc., may propose the formulation of an urban management plan to the authority to formulate the plan. Such an

However, in order to achieve a specific administrative objective on the basis of a professional and technical judgment on administration, the administrative plan is at a certain point in the future.

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