logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.07.07 2016누78723
폐기물처리업 변경허가 불허가처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal for the citing the judgment of the court of first instance are not significantly different from the already asserted in the court of first instance. However, the fact-finding and decision of the court of first instance are deemed legitimate even if all the claims asserted in the trial were considered.

Therefore, the reasoning for this Court regarding this case is as follows, except for the addition of the following supplementary judgments as to the assertion of violation of the principle of equity, which the Plaintiff emphasizes in the trial at the trial, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

【Judgment on Supplementary Measures】 The Plaintiff asserted that the Defendant’s refusal to permit the change of the treatment capacity against any recycling enterprise, including food wastes located in Ischeon-si would go against the principle of equality. Accordingly, according to the results of the fact-finding on the Ethical statements in the 40 tons and 10th and the Ethical market in the first instance trial, ELGin and A were recycling enterprises, such as food wastes located in Ischeon-si as the Plaintiff. The Defendant’s treatment capacity of ELGin was 40 tons and 40 tons from “25 tons and 40 tons” on June 10, 2004, and the Defendant’s amendment of the Ordinance to the Ethical Ordinance to “60 tons and 00 tons” on October 29, 2004 to “60 tons and days” and “90 tons” on June 2, 2006, it was recognized that the Defendant changed the treatment capacity of A from “60 tons/day” to “90 tons/day” on June 2, 19, 20009.

In that there were changes in circumstances, etc., the instant disposition cannot be deemed to violate the principle of equality.

Therefore, the plaintiff's objection.

arrow