logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.09.22 2016구합10539
레미콘공장신설승인신청 불승인처분취소
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 October 14, 2015, the Plaintiff filed an application with the Defendant for the new establishment of a factory with a content of 870 square meters of manufacturing facility area and 1,222.43 square meters of manufacturing facility area (hereinafter “instant factory”) on the ground of 726-1 factory site area of 27,600 square meters in Chungcheongnam-do, Chungcheongnam-do, Ulsan-do, Ulsan-do (hereinafter “instant application site”).

B. As to this, the Defendant issued a non-approval disposition against the Plaintiff on December 22, 2015 (hereinafter “instant disposition”) on the ground that “the instant application form is likely to cause damage to residents adjacent to the existing collective settlement (not less than 5) and 130 meters, the width of the roads in agricultural and fishing villages (No. 204) used as access roads to factories is 4 meters wide, the risk of accidents is high, and the damage to surrounding facilities, such as the Army Students Military School, the effective food and agro-industrial complex, etc. located within 50 meters in the vicinity, and the damage to the image of the collapse of organic farming forces, etc.”

[Ground of recognition] Facts without dispute, Gap evidence 3, 5 evidence, Eul evidence 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is: (a) the Plaintiff’s assertion that the first page of the instant application is adjacent to the four meters wide; (b) the rest of the three pages are surrounded by mountain, and both nearby villages, the Army Students’ Military Schools, the Effectuation Food and Agriculture Industrial Complex, etc. are outside the jurisdiction; (c) measures against air pollution, water pollution, scattering dust, noise, etc. can be taken, so that a significant solution can be made; (c) the entry route of the instant application is connected to an agricultural and fishing village with the width of 4 to 8 meters; (d) traffic congestion and the risk of accidents can be resolved if a vehicle is covered with a cover; and (d) the image damage of the Motsan is not likely to be caused by the instant factory establishment, not by the examination standard under the relevant statutes; and (d) it is already located with another factory around the instant application site.

arrow