건설폐기물임시보관장소설치승인반려처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 15, 2010, the Plaintiff obtained a construction waste collection and transportation business license from the head of the Dongjak-gu Seoul Metropolitan Government, and on April 23, 2014, on the ground of “use: 680 cubic meters, weight: 892 tons, storage period: 8 days, collection area: water source, harmony, delivery, delivery, door-to-door, and nelicity.”
B. On May 12, 2014, the Defendant rejected the said application on the grounds that “ten (10) construction waste interim disposal business entities are located in the site, 17 (10) collection and transportation business entities are located, in particular, five (5) construction waste interim disposal business entities are located within 10 km from the instant land, and 13 (10 km) construction waste interim disposal business entities are located within 20 km from the instant land, so it is reasonable to promptly dispose of construction waste to a neighboring interim disposal business entity rather than temporarily storing construction waste. Within 200 meters from the instant land is likely to affect the residential environment as a natural settlement district is formed
(hereinafter referred to as “instant disposition”). C.
On June 10, 2014, the Plaintiff filed an appeal seeking revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the said appeal on August 6, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s approval for installation of the temporary storage place of construction waste constitutes a binding act. The Defendant’s disposal of the instant construction waste by citing the Plaintiff’s legitimate application in accordance with the criteria for approval under Article 13-2(2) and (3) of the Construction Waste Recycling Promotion Act and Article 4 of the Enforcement Rule of the same Act without any legal basis.
Even if the approval for installation of a temporary construction waste storage place falls under the discretionary act, a small amount of construction waste.