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(영문) 대구지방법원 2015.02.04 2014구합22177
폐기물처리 사업계획서 반려 처분 취소
Text

1. The Defendant’s disposition to return the waste treatment business plan against the Plaintiff on July 25, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On July 7, 2014, pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) of the Enforcement Rule of the Act, the Plaintiff submitted to the Defendant a waste treatment business plan (hereinafter “instant business plan”) with “type of business” as “waste collection and transportation business,” “operating group,” and “facilities and equipment installation content: cancer truck (17 cubic meters) and “one strawls trucks (17 cubic meters) and two straws (4.5 meters),” respectively.

The notification of the return of a waste disposal business plan (Evidence 1) shall be given to the achievement group of Korea by selecting a new business entity for domestic waste collection and transportation (where demand for additional equipment or facilities needs to be increased in consideration of the current amount of waste generation and current disposal capacity, and the evaluation of the existing business agency, etc. is inappropriate) through open recruitment, pursuant to Article 15 of the Enforcement Decree of the Civil Petitions Treatment Act, the plan for domestic waste collection and transportation business on July 7, 2014 with a thickness shall be first informed that it is in operation after concluding a contract with an agency within the jurisdiction already permitted for the collection and transportation of domestic waste as of July 2014.

B. On July 25, 2014, the Defendant notified the Plaintiff that the instant project plan will be returned (hereinafter “instant disposition”) for the following reasons.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of Article 25(2) of the Act that stipulates that the Plaintiff’s assertion shall list matters to be examined on the waste disposal business plan and notify the results thereof is to have the person who submitted the waste disposal business plan.

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