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(영문) 대전지방법원 2020.04.23 2019구합103859
폐기물처리사업계획서부적합통보취소
Text

1. The Defendant’s disposition of notification of non-conformity with the waste treatment business plan issued to the Plaintiff on March 7, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. On February 7, 2019, the Plaintiff submitted a waste disposal business plan to the Defendant for the purpose of engaging in the B-si domestic waste collection and transportation business.

(hereinafter “instant project plan”). (b)

On March 7, 2019, the Defendant notified the Plaintiff of the lack of conformity with the instant business plan for the following reasons.

B The City, in principle, limits the license holder for the collection and transportation of domestic wastes to three enterprises in consideration of reasonable collection conditions, such as the quantity of discharge, equipment, human resources, area, routes, etc. for the efficient collection and transportation of domestic wastes, and is in the process of permission operation. If it is necessary to select additional businesses for the collection and transportation of domestic wastes in the future, it is scheduled to permit persons with experience and expertise

- Under Article 9(2) of the Local Autonomy Act and Article 14 of the Wastes Control Act, domestic waste disposal (including collection and transportation) is subject to the obligation of the head of a local government (including the head of a Si), and Article 14(2) of the Wastes Control Act and Article 13 of the Wastes Control Ordinance.

B For the stable and efficient disposal of domestic waste, the Si has been carrying out the collection and transportation of domestic waste on behalf of two enterprises which have obtained permission for the domestic waste collection and transportation business from 1996 to 2016. However, due to the explosive increase in the population (one hundred thousand population in 2005 and three hundred thousand population in 2015). It is reasonable to expand the domestic waste collection and transportation business to three enterprises. Based on the result of the cost research service for the domestic waste collection and transportation agency in 2015, it was prepared a plan to improve the domestic waste collection and transportation system in 2016 and selected a new one enterprise.

The continuity of the year, closeness with civic convenience, and profit-making.

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