영업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the determination as to the Plaintiff’s additional assertion at the trial of the court of first instance as stated in the following Paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the
2. Determination on the additional argument in the trial
A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant imposed an administrative fine of KRW 3 million on the Plaintiff on April 29, 2015; (b) the disposition of imposition of an administrative fine of KRW 3 million on December 30, 2015; (c) the disposition of business suspension in March and February of the order to take measures; (d) the disposition of business suspension in June and February of the order to suspend business suspension in April 1, 2016; and (e) the revocation of the permission for the comprehensive waste recycling business as of August 24, 2016; and (e) the Defendant issued an aggravated disposition more; and (c) thus, it cannot be said that there is no possibility that the Plaintiff’s legal status might be unstable or dangerous by the instant
B. We examine the judgment, and it is evident that the imposition of a fine of KRW 3 million on April 29, 2015, which the Defendant alleged to the Plaintiff among the Plaintiff’s assertion, was prior to the instant disposition, and is not an aggravated disposition due to the instant disposition.
In addition, the instant disposition is a disposal on the grounds of the violation of the obligations of a waste disposal business entity under Article 25(9) of the Wastes Control Act. On the other hand, considering the purport of the entire pleadings in the statement No. 20, all of the remaining dispositions asserted by the Plaintiff shall be deemed as a violation of Article 48 of the Wastes Control Act, and the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall not comply with the standards and methods of waste disposal under Article 13 or the principles of recycling wastes and matters to be observed under Article 13-2.