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(영문) 대구지방법원 2020.07.08 2019구합21513
폐기물종합재활용업허가 변경허가처분 취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that obtained permission from the head of Geumsan on September 2, 2014 for a comprehensive waste recycling business (waste: waste subject to business: waste 1,2,3 (railroad erosion, etc.) and concrete waste erosion, etc.) pursuant to Article 25(3) of the Wastes Control Act and Article 28(6) of the Enforcement Rule of the same Act.

B. Article 25(3) of the Wastes Control Act and Article 28(7) of the Enforcement Rule of the same Act are companies that obtained permission from the Defendant on November 18, 2016 for a comprehensive waste recycling business (waste: waste for railroad use, waste timber at construction site, etc.).

C. B obtained permission from the Defendant on December 12, 2016 to change the content of adding waste trees to the waste subject to business.

Article 4-2(2) [Attachment 4-2] of the Enforcement Rule of the Wastes Control Act provides for detailed classification of wastes by type of recycling, and R-4-5 of R-4 is a type of direct recycling, and R-4-5 is a type of manufacturing wood products, such as wood products, fire saws, and plastic carbon, and smoking absorptions. Meanwhile, Article 14-3(1) [Attachment 5-3] of the Enforcement Rule of the Wastes Control Act provides that "No matter exists that the Board of Audit and Inspection has any problem with the above permission to change the contents of waste by adding waste to waste to the waste subject to business of B, but it cannot be recycled to the waste for railroads due to the lack of cutting and washing facilities." Article 4-2(2) [Attachment 4-5] of the Enforcement Rule of the Wastes Control Act provides for detailed classification of waste for each type of recycling, and Article 14-3(1) [Attachment 5-3](b)(1) of the Enforcement Rule of the Wastes Control Act provides the Defendant with a permit to conduct analysis.

Accordingly, on April 23, 2018, the Defendant obtained a permit for a comprehensive waste recycling business for B on the waste recycling business license on April 23, 2018, "R-4-5 (excluding waste pulmonary trees for railroads)", and R-9-1.

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