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(영문) 울산지방법원 2018.08.09 2018구합5547
폐기물처리사업계획서 부적합처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 22, 2016, the Plaintiff’s representative director B obtained a license for waste treatment business as follows with the trade name “A” from the Defendant.

Category C: Wastes subject to final recycling business: Waste subject to waste business: Waste synthetic resin (waste stype) recycling facilities: melting facilities

B. On May 24, 2017, the Plaintiff established the Plaintiff Company and was appointed as the representative director. On October 26, 2017, the Plaintiff reported to the Defendant that he/she succeeded to the rights and obligations pertaining to the waste disposal business under the above A, and the said report was accepted around that time.

C. On November 15, 2017, the Plaintiff obtained a license to change the waste treatment business with the following content from the Defendant.

Permission Number: Waste business category E: Waste subject to comprehensive recycling business: Waste synthetic resin, waste timber (additional storage): 56m2 (8.4m2) waste synthetic resin, waste wood: 30m2 (180m2): Waste synthetic resin: 0.3m2, waste synthetic resin: 0.3m2, waste timber: 15HP x 1, 125 p x 125m2.

D. Around December 2017, the Plaintiff filed an application with the Defendant for a business plan for the collection and transportation of household wastes with the following content:

(hereinafter referred to as the "application in this case"). Wastes subject to business: 50 tons of daily waste (highly) synthetic resin, waste lumber, and waste landfill products: Shall be recycled directly by the plaintiff himself/herself, and the other buried wastes shall be entrusted to G, a private incineration company, a private incineration company.

E. On January 2, 2018, the Defendant issued a nonconformity disposition to the Plaintiff on the following grounds:

(hereinafter “instant disposal”). A violation of the basic principles of waste management is a waste disposal plan in violation of the basic principles of the Wastes Control Act to minimize and preferentially recycle wastes that are incinerated or buried.

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