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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 February 6, 2013, the Defendant issued an open competitive recruitment notice to the effect that two new permitting companies B shall be selected at the time of harmony (hereinafter “instant public notice”).
B. On March 7, 2013, the Defendant selected the Plaintiff and the Newyang Environment Corporation as a final qualified business entity among the bidding enterprises in accordance with the instant public notice. On March 29, 2013, the Defendant granted a license for waste collection and transportation business to the Plaintiff pursuant to Article 25(3) of the Wastes Control Act.
C. At the time of the announcement of the instant case, C, the representative director of the Plaintiff, was indicted by Suwon District Court 2013Ma2713 on September 8, 2014 and was convicted of a fine of KRW 3 million on account of the following facts constituting a violation of the Resident Registration Act (hereinafter “defensive fact”). The said judgment became final and conclusive on January 28, 2016, on the ground that C’s appeal and appeal were all dismissed.
(hereinafter “instant final and conclusive judgment”). C is the representative of the Plaintiff as a household waste collection and transportation business chain.
C On February 6, 2013, the fact that the Plaintiff was selected in the instant announcement by the Defendant was residing in Suwon-si D building 204-201, but on February 20, 2013, the E-Eup office submitted to the head of the E-Eup office a false report on the transfer of resident registration, stating the false fact in the column of the transfer address in E-Eup office, “F apartment, 201 Dong 1504 (hereinafter “instant apartment”)” (hereinafter “instant apartment”).
Upon the final judgment of this case, on October 26, 2016, the Defendant notified the Plaintiff that the permission for waste collection and transportation business was revoked on the ground that the Plaintiff fell under the “cases where permission was obtained by continuous repair or any other unlawful means” under Article 27(1)1 of the Wastes Control Act.
(hereinafter referred to as "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 5 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 5, 6, 7, and 8, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful