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【Main Issues and Holdings】
In the case where: Company A filed a report on the sorting and crushing of construction aggregate with the head of a Gu with jurisdiction pursuant to Article 32(1) of the Aggregate Extraction Act in order to conduct the business of selecting and crushing construction aggregate in a green natural area, however, the head of a Gu rejected the above report on the grounds that “the relevant facilities do not constitute facilities that can be installed in a natural green area in a specific-use area.” The above disposition was lawful on the grounds that the aggregate sorting and crushing facilities cannot be deemed as Class 2 neighborhood living facilities under Article 3-5 [Appendix 1] item 4 of the former Enforcement Decree of the Building Act, since the total floor area used for the relevant purpose is 500m2 or more and they are subject to the installation report under the Clean Air Conservation Act, the Water Environment Conservation Act, or the Noise and Vibration Control Act.
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