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(영문) 울산지방법원 2015.09.10 2015구합5164
폐기물처리사업계획 부적정통보처분취소의 소
Text

1. The Defendant’s disposition of non-conformity with the waste treatment business plan issued to the Plaintiff on December 31, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 8, 2014, the Plaintiff submitted a waste disposal business plan (hereinafter “instant business plan”) to the Defendant, stating that the place of business collecting and transporting domestic waste on the ground of 8-9, Yangsan-si, 8-ri, 8-9 (hereinafter “instant place of business”).

B. On December 31, 2014, the Defendant issued a nonconformity notification to the instant business plan (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

At the present time, domestic wastes in mass production are fully collected and transported as human resources and equipment owned by existing companies, and in the course of contract for the collection and transportation of domestic wastes in 2015, and even after receiving the proper notification of the waste disposal business plan with a thickness, there is no domestic wastes to be collected and transported as a proxy within our city even after obtaining permission for domestic waste collection and transportation business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition was made without a specific and reasonable reason, which leads to the actual guarantee of the power of monopoly and monopoly to the existing enterprises. Since it is a disposition that deviates from or abused discretionary power, it should be revoked by unlawful means. 2) At the time of the Defendant’s submission of the instant business plan, the Defendant had already engaged in contractual procedures for the collection and transportation of domestic wastes in 2015 with other enterprises. The instant disposition was conducted with the aim of maintaining the number of waste disposal enterprises at an appropriate level in order to prevent the Defendant’s increase of waste disposal expenses incurred by the establishment of the agency, the enormous loss of the agency, etc., and thus, there was no error of deviation or abuse

(b) as shown in the attached Form of the relevant statutes;

C. Facts of recognition 1) The Defendant is the Wastes Control Act (hereinafter “Act”).

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