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(영문) 전주지방법원 2020.12.17 2019구합3060
주민지원금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Around September 2016, the Jeonju Mayor installed the waste disposal facility C, “C,” at the Yansan-gu B, Seoul Special Metropolitan City (hereinafter “instant facility”).

B. On June 2016, pursuant to the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas (hereinafter “Waste Facilities Promotion Act”), the Jeonju Mayor decided and announced the affected neighboring areas of the instant facilities. From May 15, 2008, the Plaintiff has resided in the D village located in the area located within the indirectly affected neighboring areas.

C. On March 31, 2017, the Jeonju Mayor drafted an agreement with the Consultative Body for Residents Support (hereinafter “instant consultative body”) and the following (hereinafter “instant agreement”).

The purpose of this Convention is to preserve the foundation of pleasant and healthy life by minimizing environmental damage through the efficient operation of facilities and environmental preservation which can be continuously developed on the basis of various matters related to C and the contents prescribed by the Wastes Control Act and the Waste Facilities Promotion Act, with the aim of pursuing future environment and human respect fundamental rights, and by preserving the foundation of a pleasant and healthy life.

Article 8 (Support for Residents) In the affected adjacent area resident support fund of the affected adjacent area proposed by the former State Mayor through the open recruitment notice of location candidates at the time of the preceding State on April 10, 2008, the contributions shall be fully contributed by up to 2018.

The subsidy of KRW 1 billion for the resident accommodation project presented by the preceding week market through the public announcement of the location candidate site shall be converted to the private capital subsidy and shall endeavor to complete the implementation within 2017 after consultation between the Mayor and the consultative body of this case.

Of the Resident Support Fund, the amount of the revenue fee for the year 2016 shall be calculated and paid in installments according to the relevant period of operation from the amount presented through the public notice of the location candidate, and the amount of the revenue fee for the year 2017 shall be governed by the Ordinance within the scope of 10/100 prescribed by the Waste Facilities Promotion Act and the Enforcement Decree of the Waste Facilities Promotion Act.

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