영업정지처분취소
1. The Defendant’s disposition of business suspension for three months against the Plaintiff on September 19, 2018 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On February 13, 1997, while running a livestock industry with permission for installation of livestock excreta discharge facilities, the Plaintiff completed the registration of the fertilizer production business in the name of “C” in Yangsan-si B on December 13, 2016 and produced the livestock excreta discharge effect (hereinafter “ liquid manure”).
B. Upon receipt of a civil petition on July 11, 2018, that “the Plaintiff’s farm created malodor and farmland pollution occurred as the fertilizers were scattered to D in Yangsan City.” On the same day, the Defendant attempted to collect fertilizers distributed by sending public officials belonging to the Defendant on the same day, but failed to collect fertilizers at the same site as the fertilizer spraying was completed.
The date of production of livestock excreta spraying on May 15, 2018, No. 1 farm at the storage location (e.g., the 4th spraying date of May 15, 2018; July 11, 2018; the date of production of the head quality inspection sample of the spraying location D on May 15, 2018; the date of collection No. 1 farm on July 12, 2018.
2. Details of confirmation of facts: He/she shall confirm that the amount of livestock excreta generated through spreading and the amount of livestock excreta generated through spraying as above are the same as that of the sample of quality inspection.
C. On July 12, 2018, a public official in charge of the Defendant’s office visited the Plaintiff’s farm to collect samples from the Plaintiff’s farm in the storage, and prepared and issued a confirmation letter of facts regarding the following matters.
On July 13, 2018 and August 8, 2018, the Defendant requested E Co., Ltd. (hereinafter “E”) to conduct a quality inspection of liquid samples collected from the Plaintiff’s farm, and E analyzed the sample sample, and on July 18, 2018, E sent, respectively, an analysis report containing the content of “Abrogate 264.38mg/km (legal standards: 130mg/km)” among harmful components, and an analysis report containing the content of “Abrogate 264.38m/km (legal standards: hereinafter referred to as “legal standards”) among harmful components as of August 13, 2018.”
E. On September 19, 2018, the Defendant: (a) in violation of Article 14(2)3 of the Fertilizer Control Act, the Plaintiff exceeded the maximum content of harmful components stipulated in the legal standards.