1. On June 5, 2017, the Defendant’s waste treatment business plan (domestic waste collection and transportation business) that was rendered against the Plaintiff is inappropriate.

Details of the disposition

On April 24, 2017, the Plaintiff submitted a waste disposal business plan to the Defendant for the purpose of engaging in the domestic waste collection and transportation business.

On June 5, 2017, the Defendant issued a notice of non-conformity with the waste disposal plan (hereinafter “instant disposition”) to the Plaintiff on the grounds as follows.

2. Pursuant to Article 25(2) and (7) of the Wastes Control Act, with respect to a waste disposal business plan (domestic waste collection and transportation business) for shipping at the city of Korea on April 24, 2017, the main time is to give rise to nonconformity due to the following reasons pursuant to Article 25(2) and (7) of the Wastes Control Act.

Our city's domestic waste collection and transportation work is converted from the system of exclusive responsibility for each sex to the regional system in 2013, and now six areas (including Dong areas and part of Myeon areas) are entrusted to 13 enterprises.

B. As a result of the research service conducted in 2017, an appropriate vehicle for the collection and transportation of domestic wastes was calculated as 48.71 vehicles and 9.42 vehicles for the employees of Korea, as of June 2017, 49 vehicles for the employees of Korea and 99 vehicles for the employees of Korea as of June 2017, and that there is no notification that there is no expansion plan for domestic waste collection and transportation business as it maintains the adequate size of domestic waste collection and transportation business at a level reflected in the research service.

[Ground of recognition] without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleading of this case is legitimate. The plaintiff asserted whether the disposition of this case is legitimate, but the defendant did not permit a new waste disposal business application in 2017, three vehicles were increased, and six cleaning personnel were increased.

Therefore, the Defendant’s disposal of this case by reason that there is no expansion plan for domestic waste collection and transportation business is unlawful by abusing and abusing discretion.

The defendant is deprived of the opportunity to conduct a waste business through competitive bidding and concludes a free contract with the existing 13 waste disposal business entities, thereby choosing an occupation.