logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.08.25 2014구합9153
폐기물처리사업계획서부적합통보취소
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 September 2, 2014, the Plaintiff submitted a waste disposal business plan to the Defendant, stating that “A will engage in the business of collecting and transporting wastes from the place of business (hereinafter “instant application”) in the trade name called “C” at the place of application.”

B. On September 15, 2014, the Defendant issued a notice of non-conformity with the Plaintiff’s waste disposal business plan (hereinafter “instant disposition”) on the ground that “The Plaintiff’s waste disposal business plan applied for by the Plaintiff on the ground that “A waste disposal business entity (collection and transportation business) is sufficiently capable of collecting and transporting waste from the place of business in preparation for the quantity of waste generated within the jurisdiction, so it is necessary to strictly limit the waste disposal business in order to prevent damage caused by reckless isolation in the waste disposal business.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul evidence 1

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The grounds and reasons presented by the Defendant while rendering the instant disposition are very abstract, and thus, the Plaintiff cannot be identified as the grounds for the instant disposition. Therefore, the instant disposition is unlawful as it is without grounds for the instant disposition. 2) The instant disposition is unlawful as it infringes the Plaintiff’s freedom of choice of occupation.

3) The instant disposition is unlawful as it was based on the prevention of infertility of a waste disposal business, other than the reasons listed in Article 25(2) of the Wastes Control Act, and is also unlawful. In addition, the wastes applied by the Plaintiff are all the daily wastes, which are generated in the course of the lives of people or the business of people, and thus, it may be deemed to impair the public interest to be resided in a pleasant environment of residents.

arrow