부천시 생활폐기물 수집운반 신규허가 적격자 선정 취소 통보 처분 취소의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit is resulting from the supplementary participation.
1. Details of the disposition;
4. Qualification requirements and restriction requirements (to meet all of the following requirements):
(a) An individual entrepreneur or a corporation that has its main office within the jurisdiction of Bupyeong-si as of the date of public announcement, or a person who has registered as a resident in Bupyeong-si and participates in an explanatory meeting for project;
(b) An individual or corporation without grounds for disqualification under Article 26 of the Wastes Control Act;
(c) An individual or corporation that has deposited at least KRW 500 million in cash in the name of the applicant by the deadline for public notice;
(d) A person who has failed to meet the standards for restricting the qualifications for participation of unjust enterprisers under Article 92 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party
(e)no agency for the collection and transportation of household wastes may apply for as of the date of publication;
In order to select agents, such as collecting and transporting household wastes in the D/E zone in Busan Metropolitan City, the Defendant issued a new open competitive recruitment notice for domestic waste collection and transportation business in Bupyeong-si (hereinafter “instant public notice”) with the following contents:
B. On November 11, 2016, the Defendant announced that the 17 business entities, including the Plaintiff and the Intervenor, recruited through the instant public announcement, were selected as the 1st eligible person as a result of examining the eligible person. On November 16, 2016, the Defendant notified the Plaintiff that the waste treatment business plan submitted by the Plaintiff was appropriate (hereinafter “instant appropriate notification”).
In addition, the Plaintiff was selected as an eligible person, and the Plaintiff seems to be selected as an eligible person for the E area.
C. However, around November 2016, the Defendant filed an objection with the Defendant, etc. to the effect that the Plaintiff is a company that is substantially identical with F Co., Ltd. (F), a domestic waste collection and transportation agent, as of the date of the instant public announcement.