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(영문) 대전지방법원 2020.01.23 2019구단100662
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for six months that the Plaintiff rendered on May 8, 2019 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff registered air measuring agency business as a company running the business of preventing environmental pollution.

B. On February 25, 2019, the record of collection of air samples kept by the Plaintiff, stated that two cases were collected at a 800-metres/min capacity concentration facility installed in B (hereinafter “B”), two cases were collected at a 700-metres/min capacity concentration facility installed in 700 cubic meters/min capacity, and one case was collected at a 300-meter /min capacity concentration facility installed in the 300-meter /min capacity, and that “09:0-12:00” for each collection time.

C. On April 16, 2019, the Defendant conducted guidance and inspection of a measuring agency business against the Plaintiff. On the same day, the Plaintiff’s representative confirms that “the Plaintiff is a public official in charge of the Defendant, who registered a standby measuring agency business, shall observe matters to be observed, such as conducting measurement and analysis in accordance with the official air pollution test standards, and a measuring agent shall collect samples in accordance with the official air pollution test standards. However, on February 25, 2019, the period of actual extraction of samples and the period of collection on the collection of samples do not coincide.

“Preparation and submission of a written confirmation containing the content.”

On April 17, 2019, the Defendant sent the Plaintiff a prior notice of disposition containing the following:

3. Article 18 (2) of the Environmental Examination and Inspection Act which causes a disposition - False calculation of measurement results (a difference between a record of collection of air samples and an actual collection time).

4. Details to be disposed of - Suspension of business for six months.

5. Article 16 of the Enforcement Rule of the Environmental Examination and Inspection Act, which is a legal ground.

E. On April 30, 2019, the Plaintiff recorded the Defendant’s collection time of samples recorded in the collection register and vehicle operation log, and the vehicle operation time of three hours (09:0-12:00) on the job site.

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