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. Details of the instant disposition
A. The Plaintiff’s status is a corporation that runs a general waste recycling business upon obtaining permission from the Defendant for a comprehensive waste recycling business on July 14, 1998 and obtaining permission for modification on October 11, 2007 for recycling animal residues and fair sludge.
B. On January 3, 2015, the Defendant’s guidance and inspection conducted guidance and inspection (hereinafter “instant guidance and inspection”) with respect to the Plaintiff and limited liability company B (hereinafter “B”), and confirmed the goods stored in Youngnam-gun C and each warehouse building on the ground (hereinafter “each warehouse building of this case”).
C. The Defendant determined that the instant stored goods were wastes owned by the Plaintiff during the recycling process, and on January 27, 2015, on the ground that the storage of the instant stored goods, which were wastes, was modified without obtaining permission for modification, on the grounds that the storage of each of the instant stored goods was modified without obtaining permission for modification (hereinafter “instant disposition”) pursuant to Articles 25(11) and 27(2)10 of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015; hereinafter the same) for six months of business suspension (from February 2, 2015 to August 1, 2015) (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 25, 26 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 14, 17 and 18, and the purport of the whole pleadings
2. The plaintiff's assertion and relevant Acts and subordinate statutes;
A. The Plaintiff’s assertion that the storage of the instant case was owned by the Plaintiff, but the instant disposition should be revoked on the following grounds.
1) Regulations on the integrated guidance and inspection on the former environmental pollutant emission facilities, etc., which violate the provisions on the integrated guidance and inspection on the former environmental pollutant emission facilities (the Ministry of Environment’s instruction on June 1, 2015).