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(영문) 서울고등법원 2016.01.28 2015누54638

부적합통보처분 취소

Text

1. Revocation of the first instance judgment.

2. The Defendant’s domestic waste business plan against the Plaintiff on August 21, 2014.

Reasons

Details of the disposition

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the first instance, except for the modification of "Evidence Nos. 1, 3, and 4 (including a branch number)" to "Evidence Nos. 1, 2, 3, 4, and 9-1 of Evidence Nos. 1, 1, 2, 4, and 9 of Evidence No. 10 of the judgment of the second instance, and therefore, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The court's explanation of this part of the plaintiff's assertion as to the legitimacy of the disposition of this case is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the

It is as stated in the relevant statutes.

Judgment

The court's explanation of this part of the first argument and the second argument is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In the event that an existing waste collection and transportation business entity applies for a new license for a waste disposal business under the circumstances where the existing waste collection and transportation business entity vicariously performs waste collection and disposal business within his/her jurisdiction, there are no special circumstances where it is anticipated that the implementation of a stable and efficient responsible administration for waste collection and disposal would be impossible due to excessive competition between the business entity and the planned collection, transportation and disposal of wastes, unless there are special circumstances where the implementation of a stable and efficient responsible administration is anticipated, and even if the waste disposal business entity imposes a restriction on the business area and other necessary conditions under Article 25(7) of the Wastes Control Act, it does not interfere with the collection, transportation and disposal of wastes.