생활폐기물수집운반사업 부적합(불허가)처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On November 21, 2014, the Plaintiff submitted a waste disposal business plan to the Defendant for the purpose of carrying on the business of collecting and transporting household wastes at the place of business.
B. On January 12, 2015, the Defendant rendered an improper notification disposition of the waste treatment business plan (hereinafter “instant disposition”) to the Plaintiff on the following grounds.
(1) Domestic waste collection and transportation services in Chuncheon City shall be converted from 2013 to 2012 to 2013 to 2013 to 2013 to 2013 to 201. < Amended by Presidential Decree No. 23740, Dec. 2, 2013; Presidential Decree No. 23468, Dec. 23, 2014; Presidential Decree No. 24477, Feb. 20, 2014; Presidential Decree No. 2488, Feb. 28, 2015
③ Since the volume of domestic waste generated is currently being treated as an adequate amount of 58,328 tons in 2013 and 60,819 tons in 2014, there is no plan for expansion of domestic waste collection and transportation business. [Grounds for recognition] There is no dispute. The instant disposition is unlawful in light of the following circumstances: (a) the Plaintiff’s assertion of Gap’s evidence Nos. 1 through 3, Eul’s evidence No. 3, and the purport of the whole pleadings; (b) the increase of the population in Chuncheon City; (c) the increase of the existing company’s quantity of domestic waste generated in Chuncheon City; (iv) the high profitability of the existing company; (v) the need for new permission due to the opening of urban electric power and the increase of population; and (v) the domestic waste collection company’s domestic waste collection company, other than food waste and recycled goods, are only seven enterprises; and (
Judgment
Facts of recognition
The defendant is entrusting the disposal of domestic wastes to 13 enterprises by dividing Chuncheon City into six regions according to the "Research on Adjustment of Areas for Collection and Transportation of Domestic Wastes and Cost Calculation" conducted in 2012, which was implemented in 2013.
As a result of the Defendant's cost calculation research in 2013 and 2014, 2013, 46 vehicles and 92 persons were calculated as adequate number of persons and equipment in 2014.
Chuncheon City as of 2015.