영업정지처분취소 등
1. On May 31, 2017, the Defendant’s order to take measures to dispose of waste and disposition to suspend business that the Plaintiff rendered shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff obtained a license for a waste disposal business, collects various waste oil, and produces and sells refined fuel oil after refining.
B. On February 16, 2017, the control group belonging to the Ministry of Environment conducted an inspection of the place of business of a stock company B (hereinafter “Nonindicted Company”) on February 16, 2017, collected 100 meters of static fuel oil samples from the storage tank. On March 16, 2017, upon request for an analysis to the Korea Institute of Petroleum Technology and Research, discovered the fact that sulfur (0.65%) exceeding the standard values (0.5%) was included in the sample.
C. On May 31, 2017, the Defendant confirmed that the Plaintiff supplied refined fuel oil to the Nonparty Company, and issued an order to take waste treatment measures and a disposition for one month of business suspension (hereinafter “instant disposition”) pursuant to Articles 48 and 27(2) of the Wastes Control Act on the ground that the Plaintiff violated the waste recycling standards set forth in Article 13-2 of the Wastes Control Act and Article 14-3 [Attachment 5] of the Enforcement Rule of the same Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 and Eul evidence Nos. 1, 2, and 8 (including each number with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Non-existence of the grounds for disposition (1) No fixed fuel oil in the storage tank of the non-party company cannot be determined as the products produced by the Plaintiff. ② The Ministry of Environment control team collected samples once, and did not take any measures after collecting samples, and did not take any sealing measures, and the content of the sample can not be determined accurately. ③ The refined fuel oil was stored in the storage tank of the non-party company for a long time, and the sulfur content was stored in the storage tank of the non-party company, which exceeds the standard value of sulfur content. (2) In the event that the instant disposition is suspended by abuse of discretionary power, the transaction company and the contract are terminated, thereby making it difficult for its employees to maintain their livelihood.