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(영문) 청주지방법원 2019.06.20 2018구합1003

영업정지처분취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was incorporated on October 4, 2016 for the purpose of aggregate wholesale and retail business, and business collecting earth, sand, and rock, and registered as an aggregate extraction business on November 21, 2016.

B. On March 29, 2017, the Plaintiff filed a report on the selection and crushing of aggregate with the Defendant as follows, and the Defendant accepted the said report on May 7, 2017.

신고 내용 구조물 설치장소 제천시 B 외 7필지(이하 ‘이 사건 사업장’이라 한다) 설치(점용)면적 8,141㎡ 설치(점용)되는 시설의 종류 조 크러셔 Jaw crusher, 원석을 1차로 조쇄(粗碎)하는 쇄석기를 의미한다.

4230 (20tton, 1300c), daily production volume per day: 300 cubic meters, annual production volume of 72,00 cubic meters: From March 28, 2017 to February 28, 2022 for installation period of 72,00 cubic meters.

C. After that, on February 10, 2017, the Defendant found that the Plaintiff screened and crushed aggregate without filing a report on the selection and crushing of aggregate. On November 5, 2018, the Defendant issued a six-month disposition of business suspension pursuant to Article 19(1)11 of the Aggregate Extraction Act and Article 24 of the Enforcement Decree of the same Act (hereinafter “instant disposition”).

In addition, on October 5, 2018, the Defendant issued a summary order of KRW 5,00,00 with Cheongju District Court Decision 2018 Gocheon Branch Branch Decision 2018 Gocheon Branch Decision 914 as a result of the Plaintiff’s violation of the Wastes Control Act. On November 30, 2018, the Defendant issued an additional disposition of business suspension pursuant to Article 19(1)12 of the Aggregate Extraction Act and Article 24 of the Enforcement Decree of the same Act to the Plaintiff on November 30, 2018. The Plaintiff was subject to a disposition of business suspension for one month as of December 6, 2017 by the Plaintiff on November 24, 2017, to the effect that the Plaintiff dumped wastes into a place or place other than the specified facilities in violation of Article 8(1) of the Wastes Control Act, and was subject to a disposition from the Defendant on December 6, 201

(No. 12) Notwithstanding subparagraph (No. 12), Article 24 [Attachment Table 1-2] of the Enforcement Decree of the same Act shall apply in consideration of the circumstances in which the plaintiff has contributed to the development of aggregate industry

1.(c)

2) One month of business suspension under subsection (b) and (d) of the grounds for mitigation.