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(영문) 서울중앙지방법원 2017.10.31 2017가단6182
재활용 비용
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

(a) The Defendant may jointly establish a recycling resources distribution support center (hereinafter referred to as “distribution support center”) in order to recover and recycle wastes of products and packing materials under Article 16(1) and promote the reuse of empty containers pursuant to Article 15-2, under Articles 28-2 and 28-2 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the “Act”).

The plaintiffs are public interest corporations established by the law, and they are companies that run recycling business pursuant to the law.

(b) On April 25, 2014, the Plaintiffs and the Defendant shall recover and recycle wastes generated from products and packing materials that are manufactured, imported, or sold by a manufacturer or importer (in cases of packing materials, including distributors of products using packing materials, but limited to those who run a place of business the type and size of which are prescribed by Presidential Decree; hereinafter referred to as “producer obligated to recycle”) of products and packing materials prescribed by Presidential Decree, among those products and packing materials, the collection and recycling of which can be facilitated through improvement of the quality of materials, structure, or recovery system in the production and distribution stage or which produce a large quantity of wastes after use.

(2) A producer obligated to recycle (excluding manufacturers recycling empty containers) shall pay contributions (hereinafter referred to as "contributions") to jointly perform the obligation to recycle under paragraph (1) to the Recycling Business Mutual Aid Cooperative under Article 27.

Provided, That in any of the following cases, an amount proportional to the amount of recovery and recycling calculated according to the method of inspection determined and publicly notified by the Minister of Environment shall be deducted from the contribution:

1. Where the wastes generated from products and packing materials manufactured, imported or sold are directly recovered and recycled;

2. Wastes under subparagraph 1;

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