영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From January 30, 2008, the Plaintiff is a person operating “B”, a comprehensive waste recycling business entity (food waste).
B. On March 13, 2014, the Defendant issued an order to suspend business operations for 45 days (from March 18, 2014 to May 11, 2014) on the ground that the Plaintiff did not conduct a regular inspection in violation of Article 30(2) of the Wastes Control Act (hereinafter “Act”).
C. The Plaintiff filed an administrative appeal seeking revocation of the above disposition with the Jeollabuk-do Administrative Appeals Commission, but the Administrative Appeals Commission dismissed the appeal on May 27, 2014.
Accordingly, the Defendant changed the period of business suspension on June 3, 2014 and ordered the Plaintiff again to suspend its business for 45 days from June 3, 2014 to July 17, 2014 pursuant to Article 60 of the Act on the ground that the Defendant did not conduct a regular inspection in violation of Article 30(2) of the Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8 (including branch numbers if there are branch numbers), Eul evidence No. 1, and the purport of the whole pleadings
2. The Plaintiff’s assertion of this case should be revoked on the ground that the following defects are illegal.
Considering the purport of the provision of Article 27(2)11 of the Act, which is the basis provision for the disposition of this case, and Article 65 of the Act, which is the basis provision for criminal punishment, as well as the language and form, and the relationship between the above provisions, the Defendant’s failure to undergo a regular inspection on the Plaintiff to take a disposition of suspension of business on the ground of failure to conduct a regular inspection on the waste disposal facilities is insufficient. Furthermore, the fact that the Plaintiff used the waste disposal facilities
However, the plaintiff applied for a regular inspection of waste disposal facilities immediately after repair with defects in waste disposal facilities, and passed the regular inspection of the waste disposal facilities.