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(영문) 인천지방법원 2020.07.07 2019구단50912

과징금부과처분취소

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. On August 2, 2010, the Plaintiff obtained a construction waste interim disposal business license from the Defendant with the site for a place of business as “29,950 square meters, G-si, G-si.”

After that, on February 8, 2017, the Plaintiff reduced the site of the said place of business to 5,200 square meters according to the report on the business of crushing aggregate, and the site of the said place of business was “24,750 square meters out of B miscellaneous land” (hereinafter “instant site”).

B. On March 18, 2019, the Plaintiff was found to have violated the act of expanding the place of business from the Han River basin environmental office to 16,668 square meters of the instant site as well as from the instant place of business in Kimpo-si, Kimpo-si (hereinafter “instant site outside the instant place of business”).

C. Accordingly, on June 24, 2019, the Defendant issued a disposition to impose a penalty surcharge of KRW 20,000 in lieu of one month of business suspension on the ground of a violation of Article 22(1) of the former Construction Waste Recycling Promotion Act (amended by Act No. 16317, Apr. 16, 2019; hereinafter “former Construction Waste Promotion Act”) on the Plaintiff on the ground of a violation of “material change (extension of the site for a place of business) prescribed by Ordinance of the Ministry of Environment without permission to change the construction waste disposal business (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff’s non-existence of the grounds for disposition occurred in the course of interim treatment (hereinafter “in this case’s earth and sand”).

It is true that B stored the site outside the instant place of business in a separate place adjacent to the instant place of business.

However, “the instant earth and sand, etc.” is the result of the interim disposal in conformity with the standards for construction waste disposal and the recycling rate by bringing in construction waste, which is the object of the Plaintiff’s business, and is not the result of the construction work, but the construction waste.