폐쇄명령처분취소
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. Details of the disposition;
A. The Plaintiffs are companies engaged in manufacturing business, etc. in each location (hereinafter “each location of each of the instant installation”) indicated in the details of the attached order located in the area subject to the installation of wastewater discharge facilities under Article 33(6) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 14532, Jan. 17, 2017; hereinafter “Water Quality and Ecosystem Conservation Act”).
The Plaintiffs installed each facility (hereinafter referred to as “each facility of this case”) stated in the details of the attached order of closure at each installation site of this case, and operated the facility using the receptor capable of discharging wastewater.
B. On March 23, 2016, the Changwon District Prosecutors' Office established a joint control over the plaintiffs' places of business for three days from March 23, 2016, and confirmed that the plaintiffs installed and operated each of the instant facilities, which are wastewater discharge facilities, without obtaining permission in the area where wastewater discharge facilities
On May 30, 2016, the Changwon District Prosecutors' Office prosecuted the plaintiffs against the violation of the Water Quality and Aquatic Ecosystem Conservation Act. On the same day, the plaintiffs were indicted as above, and notified the defendant of the disposition related to each authorization and permission.
On the other hand, the Plaintiffs were convicted of all of the charges in criminal trials following each indictment.
C. On June 22, 2016, the Defendant issued an order to close down wastewater discharge facilities without permission for each of the instant facilities (hereinafter “each of the instant dispositions”) by stating each of the instant facilities in violation of the relevant laws and regulations as Article 33(1) of the Water Quality Ecosystem Act on June 23, 2016, after undergoing the hearing procedures with respect to the Plaintiffs.
On May 16, 2018, the court of first instance rendered an order of closure under the Water Quality and Ecosystem Act at the fifth date for pleading of May 16, 2018, there are Articles 42 and 44, and each of the instant dispositions is clearly specified.