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(영문) 서울행정법원 2014.09.05 2014구합50460
부작위위법확인
Text

1. The plaintiffs' application for the allocation of employees by area according to the estimated amount of reorganization of the management status of the plaintiffs' garment collection box.

Reasons

1. Basic facts

A. Until June 15, 2012, the Plaintiffs managed the clothing collection box (hereinafter “instant clothing collection box”) installed in Gangdong-gu Seoul Metropolitan Government Ildaedong-gu Seoul Metropolitan Government. However, the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “head of the Gu”) formulated the “Management Plan for Recycling Clothing Collection box” and transferred the instant clothing collection box to the head of the Gu without compensation.

B. In accordance with the above management plan, the head of the Gu prepared the Management Guidelines for the Gagdong-gu Recycling Clothing Collection box (hereinafter “instant management Guidelines”), and the main contents are as follows.

Article 4 (Entrustment of Management of Collection Boxes) (1) The head of the Gu may entrust the management of collection boxes for the promotion of the recycling of clothing and the efficient collection and management of clothing, and a person entrusted with management (hereinafter referred to as "trustee") may be separately designated.

(2) A trustee shall prepare rules and obtain approval from the Gu office pursuant to paragraph (1).

Article 5 (Period of Entrustment of Collection) The period of entrustment of management shall be three years, but may be extended by up to three years.

Article 6 (Installation and Management of Collection Boxes) (1) A trustee may install a collection box, and the place of installation shall obtain approval from the head of the Gu after consultation with each head of the Dong.

(2) A trustee shall not voluntarily install a collection box except for a place designated by the head of the Gu, and shall obtain prior approval from the head of the Gu for new relocation, removal, painting, or design.

(3) A trustee shall not transfer expenses for the installation of collection boxes (including painting, design, and re-establishment) to employees or interim collectors of clothing.

(4) A trustee shall install at least 100 and designate one employee for each zone established by the head of the Gu within the boundary of the administrative Dong.

Provided, That where the number of collection boxes is less than 40, two areas may be allocated to one employee.

(5) A trustee shall assign serial numbers to each building for collection.

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