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(영문) 전주지방법원 2016.10.20 2016구합497
폐기물종합재활용업 권리 의무 승계신고 불허처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 4, 2015, the Plaintiff, a corporation established for the purpose of forest trees business, waste recycling business, etc., entered into a contract on the transfer and acquisition of all rights and obligations with respect to the general waste recycling business, which is operated by the development of Gangwon Industrial Development (hereinafter “Grsung Industrial Development”) on December 8, 2015, with a limited liability company, and entered into a contract on the transfer and acquisition of the general waste recycling business with the purport that the Plaintiff would take over all rights and obligations with respect to the general waste recycling business. On the same day, the Plaintiff filed a report with the Defendant on the same day.

B. On December 2, 2015, the Defendant rendered a disposition rejecting the instant report for the following reasons (hereinafter “instant disposition”).

On August 16, 2014, the Gangwon Industrial Development, which is the transferor on the report, issued an administrative disposition to order the appropriate disposal of wastes located on the street after improper disposal by August 31, 2015 pursuant to Article 48 of the Wastes Control Act with respect to the violation of the methods of recycling wastes under the Wastes Control Act and improper storage of wastes (presumed 38,764 tons). However, it is known that the order to take measures against wastes located on the street after improper disposal was not implemented due to non-performance of the order to take measures, and thus, it was planned to suspend business for three months and to take two months due to the violation of the order to take measures.

Article 33 (4) of the Pest Control Act provides that the report on rights and obligations of waste treatment business shall be confirmed to be appropriate, and Article 47 (2) of the Enforcement Rule of the Pest Control Act provides that the measures taken pursuant to Article 40 (1) of the Pest Control Act shall be submitted. The development of Gangwon Industrial Development is not implemented until now against the defendant's order to take appropriate measures to dispose of wastes, and thus the plaintiff's report on succession to rights and obligations shall not be permitted.

In addition, it is now improper to treat the wastes in the old after the improper treatment.

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