영업정지처분취소
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 January 14, 2008, the Plaintiff, etc., obtained permission from the Defendant for a comprehensive waste recycling business, and obtained permission for a change on September 14, 2010 to treat food wastes and plant residues as a subject matter of waste treatment, and B agricultural partnership (hereinafter “B”) obtained permission for a comprehensive waste recycling business from the Defendant on July 14, 1998, and obtained permission for a change on October 11, 2007 to conduct a comprehensive waste recycling business.
B. On November 26, 2014, the Defendant: (a) conducted guidance and inspection with respect to the Plaintiff and B (hereinafter “instant guidance and inspection”); (b) determined that the goods, which flown out of the water from the water from the field to the ground (hereinafter “the instant land”) of Yong-nam Cancer C (hereinafter “instant land”) was the wastes produced by the Plaintiff.
C. On December 12, 2014, according to the result of the instant guidance and inspection, the Defendant’s business suspension disposition: (a) contaminated the surrounding environment, such as inducing malodor and discharging water from the site for a long time, which did not complete the composting process on the ground of the instant land (e.g., getting approximately KRW 5,000 tons of intermediate processed wastes (e.g., getting out of a separate line and the rear-down process) and did not discharge water; (b) on the ground that the Defendant violated Article 25(9) of the Wastes Control Act; (c) Articles 27(2)8 and 60 of the Wastes Control Act; (d) [Attachment Table 8] Article 32(4)(j) of the Enforcement Rule of the Wastes Control Act; (d) [Attachment Table 21] Article 83(1) [Attachment 21] 2(a)(2) of the Enforcement Rule of the Wastes Control Act; and (d) the instant disposition of business suspension 1 month (from January 5, 2015 to February 4).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 4, 6, and 11 (which include each number; hereinafter the same shall apply)
each entry, video, and the purport of the whole oral proceedings
2. The plaintiff's assertion and relevant laws.