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(영문) 수원지방법원안산지원 2016.04.21 2015가합21681
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In fact, the Plaintiff obtained permission for waste collection and transportation business for domestic wastes from the Si interest market as a corporation with the purpose of a garbage disposal business and its incidental business.

The defendant shall entrust the collection, transportation, and disposal of domestic waste to a private enterprise, and after receiving a written estimate from one enterprise for each region, enter into a service contract in the form of a negotiated contract, and the relevant statutes shall be as follows:

[Waste Control Act] (1) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall dispose of household wastes discharged within his/her jurisdiction.

Provided, That areas designated by Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu shall be excluded.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require a person prescribed by Presidential Decree to conduct the processing under paragraph (1)

[Enforcement Decree of the Wastes Control Act] Article 8 (Agents for Disposal of Domestic Wastes) "Persons prescribed by Presidential Decree" in Article 14 (2) of the Act means any of the following persons:

1. Where the head of a local government or a contracting officer intends to conclude a contract, he/she shall publicly announce such conclusion and put it into general bids;

Provided, That where it is deemed necessary in consideration of the purpose, character, scale, regional special characteristics, etc. of the contract, bidding may be conducted by designating a participant or a private contract may be conducted.

(3) The standards and procedures for designation, scope of objects of negotiated contracts, procedures for selecting parties to negotiated contracts under the proviso to paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

[Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party] Article 25.

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