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(영문) 서울행정법원 2014.04.11 2013구합31424
폐기물처리사업계획서반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 13, 2013, the Plaintiff submitted a waste disposal business plan stating that “The Plaintiff will carry on the business of collecting and transporting community goods in the name of a stock company C from Gangseo-gu Seoul Metropolitan Government.”

B. On December 13, 2013, the Defendant rejected the Plaintiff’s waste disposal business plan on the ground that “The five companies permitted under Article 25 of the Wastes Control Act maintain a stable collection and transportation system, and there is no plan to recruit new agencies for the development of the marina area.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion (1) Article 25(2) of the Wastes Control Act provides that “The submission of a waste disposal business plan must determine whether the plan falls under each subparagraph and notify the appropriateness thereof,” and the “Guidelines for Permission for Waste Disposal Business” (amended by the Ministry of Environment Rule No. 465, Aug. 8, 2012) lists the grounds for the rejection of the business plan or improper notification, so the instant disposition for reasons other than this reason is unlawful as it is without legal basis.

(2) Taking into account the fact that the Defendant has not prepared reasonable and reasonable internal standards as to whether to permit a waste disposal business, the increase in demand for waste disposal due to the increase of population and the creation of new market sites in Gangseo-gu, and the fact that it does not allow a new company to enter the market on the ground of the existing company is practically guaranteeing a monopoly agency business, the instant disposition constitutes abuse of discretionary power.

(b) Entry in the attached Form of relevant statutes;

(c) fact-finding (1) currently in Gangseo-gu Seoul Metropolitan Government, the Gangseo Industry Co., Ltd. and the Gyeonggi Environment.

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