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1. The Defendant’s imposition of excess charges of KRW 44,342,440 against the Plaintiff on July 3, 2018 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that disposes of domestic wastes in Ulsan Nam-gu B.
B. On May 2, 2018, the Ulsan Metropolitan City Health and Environment Research Institute visited the Plaintiff to collect gas emission substance samples (hereinafter “instant samples”) from the Plaintiff’s waste incineration facility for the purpose of the Defendant’s inspection of emission of air pollutants.
C. On May 3, 2018, the Defendant requested an analysis of the sample of this case to the Ulsan Metropolitan City Health and Environment Research Institute, and the Ulsan Metropolitan City Health and Environment Research Institute sent a reply to the Defendant on May 11, 201 that the sample of this case was detected by 92.9 pm of Maternia exceeding 30 pm, the base values of the sample of this case.
On May 15, 2018, the Defendant issued an improvement order pursuant to Article 84 of the Clean Air Conservation Act and ordered the Plaintiff to submit a performance report after implementing the improvement order on the ground that the Maniia was discharged in excess of the permissible level.
E. On May 18, 2018, the Plaintiff submitted a performance report to the Defendant that the said improvement order was complied with.
F. On July 3, 2018, the Defendant calculated the amount of excess charges under the Clean Air Conservation Act (hereinafter “instant disposition”) to KRW 44,342,440, based on the 17th day of the imposition period as follows, and imposed the amount (hereinafter “instant disposition”).
A facility (2,108.7 square meters x 1) based on a promotional reaction (2,108.7 square meters x 30) 1,260 km 44,342,40 won (based on recognition) 1,260 g 44,440 won / Nos. 1 through 5, 1 through 3, 6 through 10, 13, 14, and 14 respectively, and the purport of the whole pleadings, as a whole, of the facilities (2,108.7 square meters / 1) based on the quantity of pollutants discharged exceeding the permissible emission levels.
2. The parties' assertion
A. The Plaintiff’s instant disposition of imposition of the instant case should be revoked as follows.
① Although the Plaintiff emitted at least once a day on May 2, 2018, the Defendant’s total 17th day from the same day to the 18th day of the same month.