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(영문) 춘천지방법원 2017.09.15 2017구합50384
등록취소처분취소
Text

1. The Defendant’s failure to comply with the waste treatment business plan (domestic waste collection and transport business) against the Plaintiff on February 8, 2017.

Reasons

1. Details of the disposition;

A. On December 27, 2016, the Plaintiff submitted a waste disposal business plan to the Defendant for the purpose of conducting the domestic waste collection and transportation business.

B. On February 8, 2017, the Defendant: (a) calculated on the Plaintiff on February 8, 2017, the number of adequate vehicles for the collection and transportation of household wastes in Chuncheon as a result of the research service in 2017 was 48.71; and (b) calculated on February 2017, 49 for vehicles being used as of February 2017; and (c) the number of persons are 9 for vehicles and 99 for vehicles to be used; and (d) there is no plan for the expansion of household waste collection and transportation business to ensure that there is no adequate size of the domestic waste collection and transportation business; and (e) the instant

[Reasons for Recognition] Facts without dispute, Gap evidence 2 and 15 (which include the number number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) It is unlawful for the Defendant to take the instant disposition on the grounds other than those listed in Article 25(2) of the Wastes Control Act, on the ground that the Plaintiff did not have a plan for expansion of domestic waste collection and transportation business with respect to the Plaintiff as it increased three and six existing vehicles in 2017.

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

C. In light of the legislative purpose and provisions of the Wastes Control Act, the nature of permission for waste disposal business, and the purpose of the system for notification of conformity with the project plan, the public interest such as smooth and appropriate disposal of wastes as well as the public interest such as smooth and appropriate disposal of wastes, the examination of conformity with the project plan is subject to the review of the matters listed in each subparagraph of Article 25(2) of the Wastes Control Act.

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