(영문) 청주지방법원 2015.06.18 2014구합11514

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(영문) 청주지방법원 2015.06.18 2014구합11514

폐기물재활용업 허가증 교부신청 반려처분취소

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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. B installed waste incineration facilities in Chungcheong-dong C (hereinafter “instant place of business”) on December 4, 1998, and reported waste recycling on December 4, 1998 to the effect that he raises ras by using heat generated in the process of incineration of wastes, such as waste synthetic resin, and cultivate heat ornamental water. On March 15, 200, the Plaintiff, as the wife B, succeeded to the rights and obligations of the instant place of business from B on March 15, 200, after succeeding to the rights and obligations of the instant place of business, filed a report on waste recycling with the Defendant on a report on the alteration of waste recycling containing addition of copper and synthetic resin for the purpose and method of recycling the existing waste and recovering waste heat as fuel, and filed the report on March 29, 200.

B. However, around that time, the Plaintiff suspended the operation of the instant workplace, and on June 19, 2014, filed an application with the Defendant for issuance of the waste recycling business license.

C. On June 25, 2014, the Defendant rejected the Plaintiff’s application for issuance of the Plaintiff’s license for waste recycling business on the ground that the Plaintiff was equipped with the facilities, equipment, and technical capability of the waste disposal business under Article 25(3) (hereinafter “facilities, etc.”) within two years after the enforcement of the Act, as prescribed by the proviso of Article 2(3) of the Addenda to the Wastes Control Act (Act No. 10389, Jul. 23, 2010) (hereinafter “the Addenda to the instant case”).

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said claim was dismissed on September 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 14, 15, Eul evidence 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a waste pursuant to the supplementary provision of this case.

참조조문

-폐기물관리법

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