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(영문) 울산지방법원 2019.09.05 2019구합5452

폐기물처리(재활용) 신고 반려처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company with the objective of waste plastic recycling business.

B and C obtained a building permit from the Defendant on January 9, 2018 for the construction of Class 1 and Class 2 neighborhood living facilities on the ground of Ulsan-gun, Ulsan-gun, and one parcel (hereinafter “instant land”). At that time, the Plaintiff was requested from B and C to implement civil engineering works on the instant land for the creation of the site for the said new building site.

B. On August 27, 2018, the Plaintiff filed a waste disposal report (hereinafter referred to as the “instant report”) with the purport that, from September 15, 2018 to August 15, 2028, the Plaintiff made an appropriate mixture of the sum of 26,80 tons of “non-ferrous metal refining and manufacturing process scrap” and “salination”, which are general wastes, for the instant land, to be recycled as embling materials of the instant land, at a level of about 1:1, and then, to be recycled as embling materials of soil and sand (hereinafter referred to as “instant report”).

C. The Defendant demanded the Plaintiff to supplement the first supplement on September 1, 2018, and the second supplement on October 8, 2018, and the Plaintiff submitted each supplement to the Plaintiff.

On October 25, 2018, the Defendant refused to accept the instant report and returned it to the Plaintiff on the following grounds:

(hereinafter “the instant disposal”). On January 1, 200, the waste disposal (the existence of designated wastes, hazard removal, or stabilization) is due to the lack of materials to verify the characteristics of the wastes subject to recycling, their melting characteristics and stability pursuant to Article 13-2(1) of the Wastes Control Act, and Article 7-2 [Attachment 4-2] of the Enforcement Decree of the same Act, which is not suitable for the materials to verify the characteristics of the wastes subject to recycling (the existence of designated wastes, hazard removal, or stabilization). The waste disposal (the existence of the designated wastes, hazard removal, etc.) is intended by the civil petitioner through the next report on change after obtaining the recycling depth.