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

A. The Plaintiff is a person who runs a comprehensive waste recycling business in 2-ro 37 (New-si) of the New-si Industrial Complex (New-dong).

B. On November 2, 2017, the Defendant rendered a disposition for the suspension of business for three months on the ground that the Plaintiff did not dispose of wastes within the period of the waste disposal order (on June 28, 2017), and that the Plaintiff violated Article 39-3 of the Wastes Control Act (hereinafter “instant disposition”), and the Plaintiff was in the same month.

3. The instant disposition was received.

C. On April 25, 2018, the Plaintiff filed an administrative appeal against the instant disposition. However, on May 28, 2018, the Gyeongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on the ground that it was filed after the lapse of 90 days from the date on which the Plaintiff became aware of the disposition upon the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 through 7, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. A lawsuit seeking revocation is filed within 90 days from the date on which the Plaintiff became aware of the disposition, etc., and one year from the date on which the disposition, etc., was taken. However, the fact that the Plaintiff filed an administrative appeal and the instant lawsuit with the lapse of 90 days from November 3, 2017, on which the Plaintiff became aware of the disposition, does not conflict between the parties, and thus, the instant lawsuit is unlawful as it exceeds

The plaintiff alleged that he/she complied with the period of filing a lawsuit since he/she filed an administrative appeal within 180 days according to the statement of the instant disposition that he/she may file an administrative appeal within 90 days from the date on which he/she becomes aware of the disposition, or she is entitled to file an administrative appeal within 180 days from the date on which he/she becomes aware of the disposition, but the objection period against the disposition shall be filed within the two period above, or within the period which became due first.