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. On February 9, 2001, the Plaintiff obtained a license for the business of collecting and transporting medical wastes from the Defendant, and runs the business of accepting medical wastes from hospitals, clinics, research institutes, etc. and transferring them to incineration houses, etc.
B. Article 25(9)2 of the Wastes Control Act and Article 31(1)1 of the Enforcement Rule of the same Act are limited to five days in cases where a medical waste collector/operator stores in a temporary storage place, and to two days in cases where an exclusive storage facility of four degrees or less in the temperature where he/she can store in a cooling house, and other storage facilities are limited to not more than two days. The Defendant received a civil petition report on November 5, 2014, and visited the Plaintiff’s workplace on November 13, 2014, and confirmed that the medical waste taken over by the Plaintiff from the medical waste discharger B, etc. exceeds two days in other storage facilities.
C. Accordingly, on December 11, 2014, the Defendant notified the Plaintiff of an administrative disposition, and issued a disposition of business suspension for the Plaintiff on December 30, 2015 after submitting the Plaintiff’s opinion and undergoing the procedure of raising an objection.
[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The Plaintiff collected medical wastes around November 9, 2014, and thereafter on November 11, 2014, the Plaintiff Company C (hereinafter “C”).
After transport, C tried to enter the incineration place. It was inevitable to keep C from entering the incineration place due to the failure of the Plaintiff to pay the existing disposal expenses, and it was inevitable to return the medical waste to the Plaintiff’s workplace.
After that, it was inevitable to keep another waste disposal business entity for more than two days in physical color, and the waste was transferred after concluding a contract with another waste disposal business entity on November 13, 2014.
Therefore, the plaintiff goes beyond the preservation period.