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 is a company that has completed the registration of measuring agency business for air pollutants, etc. under Article 16(1) of the Environmental Examination and Inspection Act (hereinafter “Environmental Examination and Inspection Act”) and conducts measuring agency business for air pollutants, etc.
B. On November 3, 2015, the Plaintiff: (a) requested Samsung Industries Co., Ltd. (hereinafter “Tsung Industries”) to conduct self-measurement of air pollutants on his/her behalf; and (b) measured the emission of air pollutants by visiting Samsung Industries on November 6, 2015.
(hereinafter referred to as “instant measurement”). C.
On the other hand, Samsung Industries suspended operation on the date of the instant measurement, and the emission facilities (type 4 other than the gambling facilities) have not been operated normally.
Nevertheless, on November 10, 2015, the Plaintiff prepared a atmosphere measurement record as to the instant measurement, and entered “ordinary Dong” in the column for collecting samples.
On April 4, 2016, the Defendant issued a disposition for the suspension of business against the Plaintiff’s atmosphere measuring agency business (Article 17(1)7 of the Environmental Examination Act (Article 18(1) of the same Act) (Article 16(1) of the Enforcement Rule of the same Act (Article 16(1) of the same Act) on the ground that “The Plaintiff knew of the fact that the Plaintiff’s emission facilities of Samsung Industries are not operated normally at the time of the instant measurement, but violated Article 17(1)7 of the same Act and Article 16(1) of the Enforcement Rule of the same Act (Article 16(1) of the same Act (hereinafter “instant disposition”).
[Ground of Recognition] Facts without dispute, Gap 1, Eul 1, Eul 1, 4-10, and 14 (including branch numbers, if any)
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion (1) is that the Plaintiff’s employees B and C (director) who conducted the instant measurement by the absence of the grounds for disposition.