폐기물처리명령취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On May 1, 2004, the Plaintiff, after obtaining a license for the interim construction waste disposal business from the Defendant on January 5, 2012, with a license for the comprehensive waste recycling business, installed crushing facilities, etc. at the Plaintiff’s place of business located in Pyeongtaek-si B (hereinafter “instant place of business”), carried in wastes such as inorganic sludge and waste disposal, etc. from the outside place of business, and engaged in the business of producing and selling embankings and drums, etc.
B. On July 1, 2019, the Defendant issued an order to the Plaintiff to suspend business operations for six months on the ground that the Plaintiff violated the matters to be observed under the Wastes Control Act (wholly satisfying the standards for facilities and equipment) and simultaneously to dispose of all interim processed wastes stored in or out of the place of business on the ground that the wastes were stored in excess of the storage period pursuant to Article 39-2(1) of the Wastes Control Act.
(hereinafter referred to as the “instant disposition”). 【No dispute exists on the ground of recognition, each entry in the evidence A1 through 4, and the purport of the entire pleadings.”
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion falls under recycled aggregate, which constitutes a recycled product that is not a waste under the Wastes Control Act, and thus, the instant disposition issued on the premise that the instant product is a waste does not have any grounds for disposal.
Even if the instant goods constitute wastes under the Wastes Control Act, the Korea Land and Housing Corporation, the owner of the site at the instant place of business, is carrying out administrative vicarious execution by blocking outside persons, and thus the Plaintiff cannot arbitrarily dispose of the instant goods. The instant disposition is an unlawful act of deviating from and abusing discretion, without sufficiently considering such circumstances.
B. The attached text of the relevant Act and subordinate statutes is written.