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

A. On August 25, 2001, the Plaintiff obtained a license for a comprehensive recycling business from the Defendant among the waste disposal business, and installed related facilities and equipment on 81-94, YY-ro Licheon-si (hereinafter “the instant treatment facilities”).

42 tons/day (40 tons/day of food wastes, 2 tons/day of plant residues) 80 tons/day (75 tons/day of food wastes, 5 tons of food residues, 5 tons of animal and plant residues/day) after the change in the treatment capacity before classification.

B. Around December 2015, the Plaintiff filed an application with the Defendant for permission to change waste treatment business with the content that the treatment capacity of the instant disposal facility will be changed as follows:

C. However, on January 4, 2016, the Defendant rendered a non-permission disposition on the ground that “Korea food waste recycling facility has already been installed sufficiently, and does not cause any hindrance to the food treatment in our city.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 8 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In full view of the following: (a) the Plaintiff’s assertion of the instant treatment facilities has a disposal capacity of at least 80 tons a day; and (b) there is a possibility that other waste disposal business entities could not perform their duties due to the occurrence of a situation that may cause inconvenience to residents; (c) thus, it is necessary to extend the capacity of the instant treatment facilities even in preparation for such a situation; (d) the Plaintiff’s property right and freedom of occupational performance is infringed; and (e) the instant disposition infringes on public interest, such as smooth disposal of food waste, environmental protection, and the promotion of welfare of residents, etc.,

(b) as shown in the attached Form of the relevant statutes;

C. Examining the structure or text of the laws and regulations related to permission for the waste disposal business, these provisions are as follows.