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. The Plaintiff has been running a business of measuring air pollutants under the Clean Air Conservation Act after having registered measuring agency business for pollutants in 193.
B. On June 4, 2019, the Geum River Basin Environmental Office notified the Defendant of the result of an emergency inspection by a measuring agency company that the Plaintiff entered the results of measurement and analysis in violation of Article 18(1) of the Environmental Examination and Inspection Act (hereinafter “Environmental Examination and Inspection Act”), and the details of the specific violation are as follows.
(hereinafter “instant violation”). In measuring air pollutants, such as dust (C and D) in the lower court’s power-intensive facilities (hereinafter “B factory”) located in Seosan-si (hereinafter “B factory”), from 2016 to 20 May 20, 2019, the heat field in violation of the air pollution test standards shall be measured with a flexible system, and even if the heat field violates the air pollution test standards, the results of the measurement and analysis shall be calculated by falsity as if the air pollution test was measured with a stoke under the air pollution test standards.
C. On July 16, 2019, the Defendant rendered a disposition of suspending business for three months (hereinafter “instant disposition”) to the Plaintiff by reducing 1/2 from the disposition standards, taking into account the following factors: (a) the content and degree of the instant violation; and (b) the damage therefrom are determined to be insignificant; and (c) the Defendant rendered a disposition of suspending business.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 2, and 5 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was in the situation that the plaintiff could not properly measure the emission outlet of the 112 emission outlet of the 112 emission outlet of the 112 emission outlet of the 112 emission outlet of the 2 plant. The plaintiff is conducting self-measurement of the 112 emission outlet in the B factory.