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(영문) 울산지방법원 2014.05.01 2012구합1598

영업정지처분취소 등

Text

1. On May 23, 2012, the Defendant’s disposition of suspending the entrusted wastewater treatment business that the Plaintiff rendered shall be revoked for three months.

2. The plaintiff.

Reasons

A. According to Article 32, Article 38(1), Article 42, and Article 71 of the former Water Quality Conservation Act, a ten-day disposition for the suspension of operation (hereinafter “disposition for the suspension of operation”), and Article 32(1) of the former Water Quality Conservation Act (hereinafter “the imposition disposition”) imposed a water quality excess discharge dues amounting to KRW 20,610,168,960, which is calculated as stated in the “the details of imposition of excess discharge dues” (hereinafter “the imposition disposition”), and when it is referred to as “the respective dispositions” in addition to the disposition for the suspension of operation and the disposition for the suspension of operation.

4,182.3 200 3,98 2,70 2,704,513,160 2,98.60 42,998, 220 220 ,998, 560 , 60 , 60 ,20 , 65, 746, 540 , 540 , 132.445 ,46, 540 , 132.445 ,440 , 132.445 ,546 ,540 , 132.4445 ,56 ,560 , 360 ,560 , 160 , 1610 to 360 ,5136 ,560 ,560 ,810 ,610 to 1630 ,51636 ,1636

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion 1) The plaintiff's representative director C did not have been convicted of violation of the Water Quality Conservation Act due to the facts charged that he discharged water pollutants exceeding permissible discharge limits, but the defendant did not have been convicted of the violation of the Water Quality Conservation Act. This goes against the principle of presumption of innocence recognized under the Constitution and the Criminal Procedure Act. 2) The disposition of suspension of business should be revoked for the following reasons. (A) The plaintiff maintained that he installed a breadth for the purpose of using the MBR method among wastewater treatment methods, and it did not illegally install pipelines that are not necessary for wastewater treatment to illegally discharge wastewater. (b)