1. The Defendant’s notification of failure to comply with the waste treatment business plan issued to the Plaintiff on November 27, 2019 shall be revoked.

2...

1. Details of the disposition;

A. On November 1, 2019, the Plaintiff submitted to the Defendant a waste disposal business plan (hereinafter “instant business plan”) with the content of “waste collection and transportation business in the workplace: waste in the workplace; waste in the workplace: nationwide; and waste in the establishment of facilities and equipment: ① vehicle 3.1t on board a cooling house with the temperature of not more than 4 degrees east; ② private use” etc.

B. On November 27, 2019, the Defendant examined the instant business plan in accordance with Article 25 of the Waste Management Act and the Guidelines for Waste Management Business License (amended by the Ministry of Environment Rule No. 609, Jun. 27, 2017; hereinafter “instant guidelines”) pursuant to the instant guidelines, and issued a notice of the Plaintiff’s failure to comply with the instant business plan on the ground that the instant business plan is inappropriate (hereinafter “instant disposition”) on the ground that the private-use truck seeking to be equipped by the Plaintiff is not provided or leased for cargo transport at a cost.

Accordingly, on December 22, 2019, the Plaintiff filed a request for administrative adjudication with the Standing Committee for the administrative adjudication of Gyeong-do. However, on February 26, 2020, the said Committee rendered a ruling dismissing the Plaintiff’s request.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The instant guideline stipulating matters necessary for performing the duties of permission for waste management business under Article 25 of the Waste Management Act does not stipulate that vehicles used for waste collection and transportation business shall be business vehicles, and there is no provision that it should be considered as conflict with the laws of trucks, and furthermore, the act of collecting and transporting wastes shall be governed by the law of trucks.