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(영문) 대전지방법원 2015.02.04 2014구합102301
건설폐기물처리사업계획서 부적합통보처분취소
Text

1. On May 16, 2014, the Defendant’s disposition of notification of inappropriate construction waste disposal plans against the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. On April 10, 2014, the Plaintiff filed the instant application with the Defendant on April 10, 201, for the following reasons: (a) the Plaintiff: (a) the Plaintiff: (b) the Plaintiff: (c) the Plaintiff: (a) the Plaintiff: (a) the Defendant; (b) the Plaintiff; (b) the Plaintiff: (c) the Plaintiff: (d) the Plaintiff: (c) the Plaintiff: (d) the Plaintiff: (d) the Plaintiff: (e) the amount of 3,95 square meters; (b) the amount of 19-1 square meters; and (e) the amount of 2,845 square meters; and (e) the aggregate of 2,589 square meters

2) Construction waste (waste concrete, waste asphalt, and waste disposal; hereinafter referred to as “the instant place of business”) on the ground;

The construction waste disposal business plan (hereinafter referred to as the "construction waste disposal business plan") stating that he/she will install shall be referred to in the

A. The submission was made.

B. On May 16, 2014, the Defendant rendered the instant disposition to the Plaintiff on the following grounds:

1. The rate of operation (average 27 per cent) of existing disposal enterprises in the area of business planning (Asan, dust, and budget) is below the average of 27 per cent, and the amount of construction waste generated has been reduced due to construction competition erosion, such as the reduction of yellow Sea Free Economic Zones;

2. It is deemed that it is difficult to dispose of construction waste in a stable and efficient manner due to excessive competition at the time of granting a new business license, and thus, it is inappropriate to notify a business plan in consideration of the total construction waste generation quantity, disposal capacity, etc. pursuant to Article 21 of the Construction Waste Recycling Promotion Act and Article 15 of the Asia-si Ordinance

[Ground of recognition] Facts without dispute, entries in Gap evidence 2 through 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful since it deviates from or abused discretion for the following reasons.

Although the defendant asserts that it is difficult to dispose of construction waste in a stable and efficient manner due to the excessive competition at the time of permission of a new company because the rate of operation of the existing construction waste disposal company is low and the amount of construction waste is reduced, the interim construction waste disposal business is not only within its jurisdiction.

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