영업소폐쇄처분취소
1. The Defendant’s order of closure issued against the Plaintiff on August 30, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a company that manufactures nuclear reaction devices and steam generating parts at the window B of Changwon-si located within the area where the installation of wastewater discharge facilities is restricted under Article 33(6) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 14532, Jan. 17, 2017; hereinafter “former Water Quality Conservation Act”).
The Plaintiff, using a cNC Line 5 period and cT Line 1 period, was operated by installing one cNC Line 5 period and one cT Line using cNC Line oil that can discharge wastewater.
B. On July 5, 2016, the Defendant confirmed that the Plaintiff installed wastewater discharge facilities without obtaining permission in the area where the discharge facilities are restricted.
C. On August 30, 2016, the Defendant issued an order to close down wastewater discharge facilities without permission, which violated Article 33(1) and (5) of the former Water Quality Conservation Act (hereinafter “instant disposition”) with respect to the Plaintiff’s five and one MCT Line (hereinafter “instant facilities”).
The court requested the defendant to clearly specify which provision is applicable to the disposition of this case under the former Water Quality Conservation Act, and the defendant specified the underlying provision of the disposition of this case under Article 44 of the former Water Quality Conservation Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. After the Plaintiff’s assertion was made by an explanation of the applicable provisions of the Act on the Grounds for Disposition, the Plaintiff arranged the assertion as a preparatory document on July 2, 2018. Of the Plaintiff’s assertion, the assertion related to Article 44 of the former Water Quality Conservation Act, which is the basis of the instant disposition, is as follows.
1. The case.