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(영문) 대구지방법원 2020.05.29 2019구단11519
폐기물처리업 허가취소처분의 취소 청구의 소
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 July 23, 2013, the Plaintiff is engaged in the business of processing and recycling waste synthetic resin with a license for a general waste recycling business granted by the head of the Gun.

The Plaintiff's permissible storage quantity of waste is 432 tons of waste synthetic resin.

B. On July 16, 2018, a fire occurred in the Plaintiff’s workplace, breaking and crushing devices were destroyed, and part of the interior facilities and equipment of the factory was destroyed.

C. On August 16, 2018, the Defendant ordered the Plaintiff to suspend the introduction of wastes on the ground that the standards for facilities and equipment are not satisfied due to fire.

In addition, on September 12, 2018, the Defendant ordered the Plaintiff to suspend business operations for one month and dispose of wastes on the ground that the Plaintiff failed to keep the wastes in the storage facilities within the permitted place of business.

On November 6, 2018, the Defendant issued an order to re-waste treatment and order the Plaintiff to suspend waste treatment, but the Plaintiff failed to complete waste treatment within the disposal period.

Since then, the Plaintiff stored approximately KRW 5,906 tons of waste in excess of 432 tons, the permitted storage quantity, and the Defendant issued a disposition of the suspension of business (for December 24, 2018, April 16, 2019) and an order of waste disposal on two occasions. However, the Plaintiff did not dispose of waste within the time limit, and instead carried waste into the Plaintiff’s workplace from June 24, 2019 to June 27, 2019.

On July 21, 2019, the Plaintiff was found to have illegally dumped and buried 160 tons of waste synthetic resin in C located in Sungju City, and on October 4, 2019, the Defendant disposed of the Plaintiff as the grounds for illegal dumping and reclamation of waste (hereinafter “waste”) and the violation of an order to suspend the disposal of waste (hereinafter “reasons”), and the non-performance of an order to suspend the disposal of waste (hereinafter “non-performance of disposal”), and pursuant to Article 27(2) of the Wastes Control Act (hereinafter “Article 27(1)”).

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