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(영문) 대전지방법원 2018.05.11 2017구합106014
폐기물처리사업계획 부적합처분 취소
Text

1. The Defendant’s disposition of denying the Plaintiff’s waste treatment business plan on August 16, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 2, 2017, the Plaintiff submitted a waste disposal business plan to the Defendant on June 2, 2017 to conduct the domestic waste collection and transportation business in Daejeon-gu.

B. On June 19, 2017 and July 19, 2017, the Defendant demanded each Plaintiff to supplement the documents indicated in the business plan, and the Plaintiff submitted the business plan by supplementing the documents. However, on August 16, 2017, the Defendant issued a disposition to return the Plaintiff’s waste treatment business plan (hereinafter “instant business plan”) to the following effect (hereinafter “instant disposition”).

A natural person (Plaintiff) who has no qualification for application as a non-existent company as a result of the perusal of the certified copy of the corporate registry, who submitted the plan, is not required to enter the business registration number in the plan for waste treatment (attached Form 17). In addition, it is important to dispose of domestic wastes in a stable and efficient manner in that it has the purpose of environmental preservation and improving the quality of people's lives by treating wastes generated in Article 1 of the Wastes Control Act in an environmentally friendly manner through the environment-friendly disposal of wastes generated in the lawsuit for cancellation of the plan for rejection of the plan for waste treatment filed against the Daejeon District Court (2014Guhap10438) and the Daejeon High Court (2015Nu11675) in 2015. In addition, it is considerably difficult to secure and apply the date of application for the permission for the disposal business as of September 10, 2017, and there is no plan to secure domestic wastes within the extended period of time according to the submitted plan for collection and transportation (3).

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