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(영문) 대구지방법원 2020.11.19 2020구합22871
폐기물관리법위반에 따른 허가취소 및 처리명령 취소처분 취소 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff obtained the first license for a comprehensive waste recycling business on July 15, 2013 from the Defendant, and obtained a comprehensive waste recycling business license on August 20, 2018 as follows.

The supply of a product for the use of the name of the waste, the kind of the treatment volume of the product, the final production process, the production process, and other powder 2.4 tons/day recycled metal 27.4 tons/day recycled metal 27.4 tons/day recycled metal 31 tons/day 31 tons/day sand 10 tons/day sand disposal 10 tons/day intermediate recycled products production process, and other inorganic 48 tons/day aggregate of 40 tons/day aggregate of 48 tons/day aggregate of other inorganic products production process, and other 40 tons/day aggregate of 210 tons/day cement raw materials (Interim processed wastes) of 210 tons/day cement waste.

B. From the beginning of April 2019 to the end of the same month, the Plaintiff buried approximately KRW 800 tons of wastewater treatment sewage in the area of approximately KRW 5,00 square meters, not waste treatment facilities, but at the end of the same month.

C. On July 5, 2019, the Defendant issued an order to take measures to properly treat illegal reclaimed wastes to the Plaintiff, and the Plaintiff treated the wastewater treatment sewage as appropriate until October 31, 2019.

On February 12, 2020, the Defendant issued a disposition on the revocation of permission for waste recycling business (from March 1, 2020 to April 11, 2020) and the disposal order (from February 12, 2020 to April 11, 2020) pursuant to Articles 27(2)1 and 39-3 of the Wastes Control Act on the grounds that the Plaintiff violated Article 8(2) of the Wastes Control Act by illegally reclaiming commercial wastes.

(hereinafter “instant disposition”) e.

On February 25, 2020, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Standing Provincial Administrative Appeals Commission, but the Standing Provincial Administrative Appeals Commission dismissed the Plaintiff’s claim on April 27, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 4, Eul 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff.

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