과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 16, 2009, the Plaintiff concluded a concession agreement with Busan Metropolitan City to “private investment projects for the fueling and power generation facilities of domestic wastes in Busan Metropolitan City,” and made a construction of domestic waste fuel-generating facilities and power generation facilities (hereinafter “instant facilities”) on the ground of 32, 52, 00 the Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan, to contribute domestic waste fuel-generating facilities and power generation facilities (hereinafter “the instant facilities”) to Busan Metropolitan City on the ground of October 7, 2013, and then made a manufacture of solid fuels with 130,500 tons of domestic wastes as main raw materials and produced and sold electricity using the pertinent products.
B. On August 19, 2015, the Waste-to-Energy Center inspected the quality of the general solid fuels manufactured and used by the Plaintiff (hereinafter “instant solid fuels”) on the third quarter of 2015. The instant solid fuels discovered the quality of the solid fuels beyond 150mg/km (186.87mg/km) and 14.82mg/km, the base value of which is 5mg/km, based on the quality standards prescribed by Ordinance of the Ministry of Environment.
On October 28, 2015, the Waste-to-Energy Center notified the Defendant of the results of the quality inspection.
C. From November 2, 2015 to November 3, 2015, the Defendant completed a field investigation on the instant facilities, etc., and on November 6, 2015, on the ground that the quality inspection results of solid fuels under Article 25-5(3) of the Act on the Promotion of Saving and Recycling of Resources (hereinafter “Resources Recycling Act”) do not meet the quality standards, the Defendant issued a prior notice of disposition requesting the Plaintiff to attend the hearing for one month of prohibition order pursuant to Article 25-10(2) of the same Act.
In the hearing proceedings dated December 7, 2015, the Plaintiff asserted that “the result of the quality inspection of the instant solid fuels is not entirely the Plaintiff’s fault, but technically separate the constituent elements of household garbage from 16 old-guns in Busan Metropolitan City, Busan Metropolitan City. It is a matter to be prior to the amendment of the statutes.”