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(영문) 대구고등법원 2020.07.17 2019누5725
건설폐기물처리업 불허가처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, and 3 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.

On December 11, 2018, the Plaintiff submitted a construction waste disposal business plan (hereinafter “instant business”) with the content that he/she operates an interim construction waste disposal business in the area of 4,997 square meters of Cheongbuk-do, Cheongbuk-do, Cheongbuk-do, C, D, and E land.

The matters to be notified in conformity with the construction waste disposal business plan shall not be used for any purpose other than for applications for interim construction waste disposal business.

Pursuant to Article 21(3) and (4) of the Construction Waste Act and Article 12(6) of the Enforcement Rule of the Construction Waste Act, he/she shall apply for a construction waste disposal business license within two years after having facilities, equipment, technical capability, etc. in accordance with a business plan, and shall obtain notification of conformity with the business modification plan in extenuating circumstances.

Wastes subject to the business shall be limited to construction waste [waste concrete, waste asphalt concrete, waste brick, waste brick, waste block, disposal, waste soil and stone, and mixed construction waste].

In order to understand the boundary of the site of the workplace, the project guidance board shall be installed in the front of the workplace by marking the boundary of the workplace.

If it conflicts with other laws or fails to comply with administrative instructions, it is known that the proper notification of the business plan may be cancelled.

If a civil petition, etc. is filed pursuant to the waste treatment business plan, he/she shall file an application for permission after resolving it.

On January 9, 2019, pursuant to Article 21(2) of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), the Defendant notified the Plaintiff of the instant business plan according to the following conditions:

B. After that, the Plaintiff on July 4, 2019.

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