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(영문) 춘천지방법원 2015.12.16 2015구합4783
환경영향평가 협의사항에 대한 조치명령처분취소
Text

1. The Defendant’s disposition of taking measures against the Plaintiff on May 14, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is the subject of the Dairi-si Development Project (hereinafter “instant Project”) which was conducted on the lots of 300-1 and 2 Puri-si, Hanri-si. The Plaintiff is obligated to perform the consultation on the environmental impact assessment of the instant project.

B. The details of the foregoing consultation on environmental impact assessment (hereinafter “instant consultation”) include the following matters:

- The measures for reducing environmental impacts and the contents of this consultation set out in the General Contents of Environmental Impact Assessment to reduce adverse environmental effects caused by the implementation of the project, so that they can be implemented at an appropriate time in accordance with the implementation plan, etc., and shall be continuously managed until the consultation is completed.

b. In the event a civil petition is filed due to a damage to the living environment of neighboring facilities, farmland, or neighboring local residents in connection with the project implementation, the project implementer shall actively seek solutions through consultation with interested parties.

b. - Formulation of measures to reduce noise and vibration when operating construction equipment (513-514 pages) at the time of detailed details of consultation, the time of quarrying of noise and vibration and the time of recovery (513-519 pages of the environmental impact assessment report) (513 pages of the environmental impact assessment, weekly operations, restrictions on the flow speed of construction vehicles within 20 km/hr, and the dispersion of equipment);

C. In the environmental impact assessment, the content of the portion related to this case (513 pages) of the reduction plan formulated by the Plaintiff after gathering the opinions of residents related to noise and vibration is as follows.

- Noise and vibration 4 Observance of the fixed speed of air-conditioning vehicles

6. He/she shall observe the operating speed of the road in the village within 20km/hr;

g. The suspension of vehicle traffic and strong measures are withdrawn when the vehicle in violation of the above matters is discovered, and the time of operation is taken.

When aggregate is taken out, a civil petition shall occur due to the excessive speed of the vehicle.

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