행정처분취소의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 16, 2002, the Plaintiff was a juristic person established for the purpose of standing timber business, construction waste interim disposal business, construction waste recycling business, etc., and operated recycling business on December 15, 2005, with the Defendant’s permission for interim and final recycling business from the Defendant, on the grounds that the Plaintiff operated recycling business on the ground (hereinafter “instant place of business”).
B. On July 25, 2014, the Defendant: (a) received a civil petition from a neighboring resident of the instant place of business for the occurrence of pollution damage due to malodor generated in the process of waste treatment; and (b) conducted the on-site inspection of the instant place of business; (c) as a result, the Plaintiff confirmed that he/she stores organic sludge in the instant place of business without recycling it according to the recycling purpose and method of waste.
(hereinafter referred to as “instant wastes”) wastes stored by piling up at the instant place of business.
Accordingly, on September 1, 2014, the Defendant issued an administrative disposition (i.e., an order to take measures; hereinafter “instant first disposition”) with the following content to the Plaintiff upon receipt of the prior notice of disposition:
Violations: Violation of methods of recycling wastes and improper storage of wastes (violation of Article 13-2 of the Wastes Control Act): The measures to be taken for waste recycling facilities and waste storage facilities shall be as specified in attached Form 1.
Period of disposition: Until August 31, 2015
D. On September 4, 2014, the Defendant, following the prior notice of disposition, issued a disposition of suspension of business with the following contents to the Plaintiff. On October 27, 2014, the Defendant issued a disposition of imposition of a penalty surcharge of KRW 5,806,440 in lieu of the disposition of suspension of business for the nine-day period from October 27, 2014 to November 4, 2014 remaining at the time of the said disposition of suspension of business (hereinafter “instant second disposition”).
Violation of the standards for waste disposal and management of waste disposal facilities during the period of disposal of violation (violation of Acts) (former Wastes Control Act, January 20, 2015).