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(영문) 서울고등법원 2015.12.10 2015누53192

시정명령등 취소 청구의 소

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1. The part concerning the motion to revoke the rejection disposition among the lawsuits in this case shall be dismissed.

2. The Defendant’s decision on July 7, 2015 No. 2015.

Reasons

Basic Facts

The Plaintiff’s status of the Plaintiff and the Korea Development Corporation (hereinafter “Korea Development Corporation”) are a business entity defined in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) as a person engaging in construction business, etc.

On October 22, 2012, the Plaintiff filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2012 Gohap206. On November 2, 2012, the said court rendered a decision to terminate rehabilitation procedures on July 2, 2013 after the Plaintiff decided to commence rehabilitation procedures.

The term "SOs Combined Sewer's verfows" is the weak, where rainwater flows into the combined sewerage area at once in a combined sewerage system and the treatment capacity exceeds the treatment capacity, it refers to the discharge of untreated sewage (brooms and sewage) into a river.

The Ministry of Environment may use pollutants, such as heavy metals dust on the land surface at the early stage of the SSOs and the early high rain water generated from the water system (large river and Do river) of the Saemangeum basin in 2010. The outline of the construction project (two zones) tender is the rainwater that is used for pollutants, such as heavy dust on the ground surface.

In order to deal with these issues, the first phase project was conducted for four Sis/Guns, and the construction was ordered by dividing the area into one area (the Jeonju-si, the Jeonju-si) and two areas (the next city, the Kim Jong-si), respectively.

(A) On August 30, 2010, the Korea Environment Corporation announced a public announcement of tender regarding the construction works that install the CSSOs and the initial disposal facilities (hereinafter “instant construction works”) within the area of August 2, 2010 (hereinafter “SOs and Kim Jong-si”), and the main contents thereof are as follows.

The construction name: The construction location of the Saemangeum basin CSSs and the initial disposal facilities (two regions): The Korea Environment Corporation: the facility capacity of the Dasan-si and Kim Jong-si (total 28,000 cubic meters).