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(영문) 대전고등법원 2018.06.20 2018누10451

의료폐기물수집ㆍ운반업변경불허가처분 취소청구

Text

1. The defendant's appeal is dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows. Paragraph (2) is the same as the ground of the judgment of the court of first instance, except for supplement of the determination of the argument in the trial of the defendant and the defendant joining the defendant, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The third part of the judgment of the first instance shall be subject to the "Waste Management Act" in the "Waste Control Act".

The defendant's assertion of "the defendant's assertion" at the third bottom of the judgment of the first instance shall be admitted to "the defendant and the defendant's assertion".

The Enforcement Rule of the First Instance 12 of the judgment "Enforcement Rule of the same Act" shall be construed as the former Enforcement Rule of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment No. 715, Oct. 19, 2017; hereinafter referred to as the "former Enforcement Rule of the Wastes Control Act"), and the Enforcement Rule of the Second Part of the Second Part of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment No. 715, Oct. 19, 201) and the Enforcement Rule of the sixth part of the

The Enforcement Rule of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment No. 715, Oct. 19, 2017) shall be amended to the former Enforcement Rule of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment, No. 715, Oct. 16, 201

2. The gist of the Defendant and the Intervenor’s assertion in supplement is that the instant disposition of refusal that rejected changes in the location of the office and parking lot is justifiable in light of the characteristics of Sejong Special Self-Governing City implemented for the first time through Sejong Special Self-Governing City and the risk of serious environmental pollution that may cause resources circulation-related facilities such as the Plaintiff’s workplace, etc., where the office and parking lot of a medical waste collection and transportation business operator constitute resources circulation-related facilities (waste disposal facilities) among the uses of buildings under the Building Act.

However, the relevant part of the judgment of the court of first instance cited by this court is properly explained, as well as medical wastes.