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(영문) 광주고등법원 2017.02.16 2015누7035
영업정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 14, 2008, the Plaintiff, etc., obtained permission from the Defendant for a comprehensive waste recycling business, and obtained permission for a change on September 14, 2010 to treat food wastes and plant residues as a subject matter of waste treatment, and the Plaintiff, etc., as a corporation that runs a comprehensive waste recycling business. B agricultural partnership (hereinafter “B”) obtained permission for a comprehensive waste recycling business from the Defendant on July 14, 1998, and obtained permission for a change on October 11, 2007 to treat animal residues and Fairness as a subject matter of waste treatment.

B. On January 3, 2015, the Defendant: (a) conducted guidance and inspection with respect to the Plaintiff and B (hereinafter “instant guidance and inspection”); (b) determined that the goods stored in each warehouse building in Yong-gun, Youngnam-gun, C, and D (hereinafter collectively “each warehouse building of this case”) were wastes produced by the Plaintiff.

C. The Defendant’s business suspension disposition, on January 27, 2015, newly constructed each warehouse building of this case, which was not permitted as waste disposal facilities, and carried in food wastes to each warehouse building of this case for waste disposal business, constitutes an alteration of permitted matters without obtaining permission for alteration of important matters prescribed by Ordinance of the Ministry of Environment (construction of recycling facilities) among the permitted matters, pursuant to Article 25(11) and Article 27(2)10 of the Wastes Control Act, Article 29(1)35 of the Enforcement Rule of the Wastes Control Act.

Pursuant to Article 83(1) [Attachment Table 21] subparagraph 2(a)(A) of [Attachment Table 21](A), a disposition of business suspension for six months (from March 2, 2015 to September 1, 2015) (hereinafter “instant disposition”) was taken.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3, 4, 9, 10, 14 (including each number).

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