영업정지처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, a corporation established on September 6, 1996, obtained permission from the Defendant for a comprehensive waste recycling business with the following content on April 21, 2014.
- Business wastes: Animal and plant residues and sludge - Recycled products: Fertilizers (waste) - Facilities and equipment: 756 cubic meters of waste storage facilities; 4,200 cubic meters of composts facilities; one form of facilities for the treatment of sewage from 4,200 cubic meters of composts;
B. On February 15, 2016, the Defendant produced melting soil (raw materials) and melting soil (hereinafter referred to as “debris, etc.”) using wastes that can be used, without producing fertilizers (raw materials) originally permitted as entrusted wastes, and made a disposition of suspension of business for one month on the ground that the Plaintiff changed not less than 30/10 of the originally permitted recycling volume from the original permitted recycling volume (hereinafter referred to as “instant second disposition”). In addition, the Defendant made a disposition of suspension of business (hereinafter referred to as “instant disposition”) for one month on the ground that “the Plaintiff changed not less than 30/10 of the initially permitted recycling volume without obtaining permission for change.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The plaintiff's assertion
A. 1) With respect to the instant disposition No. 1, the Plaintiff did not produce accessory soil, etc., but produced raw materials, such as vegetable residues and sludge, and sold them to a business that produces booms, etc. The Plaintiff, who obtained permission for a comprehensive waste recycling business, may produce raw materials, such as booms, which are intermediate processed wastes, without any separate permission. Therefore, the Defendant’s disposition No. 1 of the instant case on a different premise is unlawful. 2) Even if the grounds for the instant disposition are acknowledged, in light of the purport of deletion of the Enforcement Rule of the Wastes Control Act (attached Table 5-2), even if the grounds for the instant disposition were to be amended on July 21, 2016, the Enforcement Rule of the Wastes Control Act provides for specific purposes and methods of recycling of wastes.