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(영문) 인천지방법원 2017.12.08 2017구합50335
부천시 생활폐기물 수집운반 신규허가 적격자 선정 취소 통보 처분 취소의 소
Text

1. The Defendant’s complaint on January 17, 2017 is written as “the date of disposition January 17, 2016,” but it is written as “A evidence 7.”

Reasons

1. Details of the disposition;

A. In order to select agents for the collection, transportation, etc. of domestic wastes in the DE zone Cbucheon-si, the Defendant issued a new open competitive recruitment notice for domestic waste collection and transportation business (hereinafter “instant public notice”) with the following contents as follows:

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;

B. On November 11, 2016, the Defendant publicly announced that the 17 enterprises, including the Plaintiff and the Intervenor (hereinafter “ 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 Plaintiff’s waste treatment business plan submitted by the Plaintiff was appropriate (hereinafter “instant appropriate notification”).

C. However, on November 2016, the Defendant received an objection from the Intervenor, etc. to the effect that the Plaintiff is a company that is substantially identical with the “F” corporation F (hereinafter “F”) as an agent for the collection and transportation of domestic wastes at Bupyeong-si as of the date of the instant public announcement, and provided legal advice from attorneys, etc., and on December 2, 2016, the Plaintiff “F” against the Plaintiff.

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