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(영문) 수원지방법원 2016.07.19 2015구합68452
공장신설(변경)승인신청 불가처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 17, 2014, the Plaintiff filed an application for approval for the establishment of a new factory with a view to operating a ready-mixed factory on the land of 156-22 and 9,903 square meters of Pyeongtaek-si (hereinafter “instant land”). However, on the grounds that “it is impossible to construct a ready-mixed factory within a planned management area” from the Defendant, the Plaintiff was subject to a disposition not to grant approval for the establishment of a new factory.

The number of employees engaged in the business of the type of business (classified number), the opening and closing of electric circuits, the protection, and the business of manufacturing connection equipment (classification number: 28121), 10 persons (eight persons in South and two persons) of mining communications parts (coin) products, the size of factory site area of 9,903 square meters and the size of manufacturing facilities of 2,880 square meters and the size of manufacturing facilities of 2,280 square meters, and 600 square meters

B. On August 13, 2014, the Plaintiff obtained approval from the Defendant for the construction of a factory operating a factory with the following contents in the instant site pursuant to Article 13(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

C. On November 14, 2014, the Plaintiff filed an application with the Defendant for approval for the establishment of a new factory to operate the ready-mixed manufacturing business on the instant site. On December 3, 2014, the Defendant made a request to the Plaintiff for supplementation to present a scheme to resolve the opposing opinions of the residents, such as submission of a business plan of the factory and presentation of resident presentation (a supplementary period: December 18, 2014).

Then, on December 22, 2014, the Defendant extended the period for supplementation to resolve the opposing public opinion of residents, including the residents’ briefing session (a supplementary period: January 22, 2015). On January 24, 2015, upon receipt of a civil petition opposing the ready-mixed factory, the Defendant reduced the period for supplementation (a supplementary period: December 31, 2014) to the Plaintiff on December 30, 201, and the Plaintiff voluntarily withdrawn the application for approval for the new construction (a change) of a factory on the 31st of the same month.

Within 1.5km (No. 6) of the site of this case, 1,100 residents reside in the collective development area of 6 villages within 1.5km of the site of this case, and in particular, a house and a commercial building are located in contact with the site of this case.

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