1. The Defendant’s disposition of non-conformity with the waste treatment business plan issued to the Plaintiff on October 24, 2018 is revoked.

2...

1. Details of the disposition;

A. On September 28, 2018, the Plaintiff submitted a business plan regarding waste disposal business (domestic waste collection and transportation business) to the Defendant.

B. On October 24, 2018, the Defendant issued a non-conformity disposition with the waste business disposal plan (hereinafter “instant disposal”) on the following grounds, and notified the Plaintiff thereof. A

The volume of domestic waste collected in 17 years compared to the recent 3 years (14-17 years) population increase (12,038 persons) shall be 64.3 tons a day from 2014 to 3.1 ton a day from 2014 (based 365 days/years)

B. In the case of Section B, the disposal of domestic waste collection and transportation by four companies are entrusted to each other, and where the operation ratio compared to the capacity of collecting and transporting vehicles owned by four companies is less than 50%, it is likely that the quality of cleaning services, such as the establishment of small businesses, aggravation of the financial soundness of each company due to heating competition, and the convenience of residents, may rather be lowered.

There is no significant increase in domestic waste or increase in the entrusted area in preparation for the increase of population at present. [Grounds for recognition] There is no dispute, entry in Gap evidence 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Defendant disposed of the instant disposition on the Plaintiff’s application for reasons other than those stipulated in Article 25(2) of the Wastes Control Act. Among the reasons of the instant disposition, the trend of reducing the volume of domestic waste collection is merely a temporary phenomenon, and it is more than the existing company’s current domestic waste collection and transportation capacity, more than the existing company’s domestic waste discharge capacity, and no new company’s entry into the market is actually maintained the exclusive authority of the existing company. Therefore, the instant disposition

(b) as shown in the attached Form of the relevant statutes;

C. The legislative purpose and provisions of the Wastes Control Act, the nature of permission for waste disposal business, and the purpose of the business plan notification system are together with the determination 1 related legal principles.