허가취소 및 처리명령 처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation that is equipped with waste recycling facilities (hereinafter “instant place of business”) in the Sound Group B of Chungcheongbuk-gu with the Defendant’s license for the comprehensive waste recycling business and runs the general recycling business of commercial wastes (PE, PP, waste fiber).
B. On November 23, 2017, the Defendant issued an order to take measures under Article 27(2)2 of the Wastes Control Act and Article 48 of the same Act to the Plaintiff on the ground that “the Plaintiff contaminated the surrounding environment by discharging wastes out of its place of business in violation of the standards and methods for storing wastes from its place of business.”
C. On December 15, 2017, the Plaintiff was above B.
On December 15, 2017, the Chungcheongbuk-do Administrative Appeals Commission filed an administrative appeal against the disposition of suspension of business as stated in paragraph (1), and filed an application for suspension of business. On November 28, 2017, the Chungcheongbuk-do Administrative Appeals Commission dismissed the part requesting suspension of business from November 28, 2017 to December 15, 2017, the execution of the disposition of suspension of business was completed, and on December 27, 2017, the part requesting suspension of business was suspended from December 16, 2017 to December 16, 2017.
On January 30, 2018, the Chungcheongbuk-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim, and on February 14, 2018, the written ruling was served on the Plaintiff, and the relevant Plaintiff asserted in the written complaint that “the Plaintiff was unable to receive the written ruling on administrative appeal, and thus, the Plaintiff’s violation is not a violation during the period of suspension of business.” However, the Plaintiff withdrawn the said claim on the first date for pleading.
From February 15, 2018, the next day.
The enforcement of the suspension of business as stated in paragraph (1) was commenced.
E. The Defendant, on February 21, 2018, raises an objection against the Plaintiff during the period of business suspension.