계고처분취소
The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. Upon receipt of a request from Nonparty B, who is a land for reclaiming wastes, the Plaintiff leased the site to Nonparty B, and agreed on January 8, 2017, with the lease period from January 23, 2017 to January 22, 2018, and leased Nonparty C the land owned by Nonparty C, E (hereinafter “the instant land”). B (hereinafter “lease”). The Defendant discovered the Plaintiff’s unauthorized dumping of approximately 1,350 tons of the instant land (hereinafter “the instant waste”), and issued an order to take measures to dispose of the wastes by March 10, 2017, with the lease period of KRW 25 million from January 23, 2017 to January 22, 2018.
Nevertheless, on May 8, 2017, the Plaintiff issued an order to take measures to dispose of wastes by May 29, 2017 to C, the land owner of the instant case, to properly dispose of wastes until May 29, 2017, but did not comply with such order.
(c)
On January 17, 2018, the Defendant again ordered the Plaintiff to dispose of wastes appropriately by February 12, 2018. However, the Plaintiff did not comply with the order to take measures (the foregoing combined with the order to take measures issued on February 16, 2017).
After the Defendant’s failure to comply with the order to take measures on February 16, 2017, the Defendant filed a complaint against the Plaintiff. Accordingly, the Plaintiff filed a summary order with the Seoul Southern District Court on March 8, 2018, stating that “A failure to comply with the order to take measures issued by the Defendant on February 16, 2017” was suspected of violating the Waste Management Act, and received a summary order of KRW 5 million at the Seoul Southern District Court (hereinafter “instant summary order”) and this became final and conclusive as it is.
E. Meanwhile, the Suwon District Public Prosecutor's Office of Waste Collection and Transportation is suspected of dumping wastes without permission by employing the term "the second president" in the name of the organized violence that takes the management of waste storage, such as Nonparty F, etc., on the part of Nonparty F, etc.