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(영문) 청주지방법원 2017.03.23 2016구합662
폐기물처리업 허가취소신청거부 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. B filed an application for a final waste recycling business plan with the trade name “D” in Jincheon-gun, Jincheon-gun, in order to conduct the final waste recycling business, with the Defendant, and on August 26, 2014, the Defendant issued the appropriate notice of the waste disposal business regarding the said application.

B. B changed a part of the matters notified as above and applied for a comprehensive waste recycling business to the Defendant. On January 15, 2015, the Defendant permitted the permission (hereinafter “instant permission”), and B operates a compost production factory at the place of waste treatment (hereinafter “instant place of business”) up to the present day, and on August 27, 2015, a livestock excreta recycling business is also conducted after filing a report on the recycling of livestock excreta.

C. The Plaintiff is an organization organized on April 10, 2016 for the purpose of taking measures to eradicate malodor and environmental pollutants caused by the instant place of business and jointly responding to the instant permission in relation to the preparation of measures for eradicating malodor and environmental pollutants, among residents residing in the village of Jincheon-gun, Jincheon-gun located near the instant place of business.

On May 2016, the Plaintiff filed an application with the Defendant for the revocation of the instant permission on the grounds that B operated the instant place of business and violated the relevant laws and regulations and the conditions attached to the instant permission. However, on June 8, 2016, the Defendant sent a reply to the effect that “D may not be revoked on the grounds that it obtained a waste treatment business license on January 15, 2015” (hereinafter “instant reply”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 9, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

(a)in order for an administrative agency to become an administrative action in respect of which a refusal is made upon receipt of a request from a national, there shall be rights under laws or sound reasoning whereby the national may require the administrative agency to perform an administrative act in accordance with the request;

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