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(영문) 인천지방법원 2015.06.19 2014구합2908

경고처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the establishment of a contract under Article 4 of the Civil Procedure Act, and failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment.

Article 7 (Matters to be Observed) The plaintiff shall observe the following matters:

1. The defendant shall faithfully observe all Acts and subordinate statutes, and administrative instructions and supervision based on such Acts and subordinate statutes;

11. Except in extenuating circumstances, the act of moving excreta or sludge separated from the vehicle shall not be permitted;

Except in extenuating circumstances when cleaning work is performed on July 11, 2014 from July 14 to December 31, 2015, Article 7 (Matters to be Observed) of the Act shall not move collected excreta, sludge to another vehicle from the surrounding area of the treatment site (storage tank, other vehicles, and other vehicles) and shall not cause a long-term parking, etc. to the surrounding area of the treatment site.

* In inevitable cases - Emergency situations such as vehicle height or septic tanks (pre- or post-report) - Where it is inevitably necessary to detect pumps because it is narrow in length at the time of the collection of excreta or it is difficult to enter large vehicles (pre-approval should be obtained).

C. On August 5, 2013, the Defendant issued an administrative order with the following content to the proprietor of foul waste collection and transportation business, including the Plaintiff (hereinafter “instant administrative order”). In order to prevent malodors caused by the pumps, etc. of foul waste transportation vehicles in the vicinity of the household office, etc., which caused inconvenience to residents in the neighboring area, the Defendant continued to comply with the administrative order to prohibit foul waste removal activities between other companies, other vehicles, and other vehicles, except in extenuating circumstances, such as a vehicle garage, etc. during operation at the home office, etc., and if the administrative order is not complied with, it is the Sewerage Act.

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