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(영문) 대구지방법원 2015.06.24 2015구합21003
영업정지 등 처분취소
Text

1. The part concerning a request for revocation of the imposition of an administrative fine among the instant lawsuits is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On January 31, 2011, the Plaintiff is a company that has obtained a construction waste interim disposal business license from the Defendant pursuant to Article 21(3) of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”) and engages in construction waste interim disposal business, etc. on the location of business location 648-6 of the Dongdaemun-gu, Chungcheongnam-gu, Seoul Metropolitan City.

B. On September 2, 2014, the head of the Northern Port Office received a civil petition on September 2, 2014, that “the part of the land B; hereinafter referred to as “the part of the land B”) was buried without permission on the access road to the land adjacent to the north-Gu A at Port, North Korea, and notified the Defendant on the 12th of the same month.”

C. On September 15, 2014, the Defendant conducted a business trip survey and confirmed the construction waste (waste container) that the Plaintiff did not go through interim disposal on the access road to the instant case (hereinafter “instant violation”), and distributed approximately 100 tons of the construction waste (hereinafter “instant construction waste”). D.

On September 17, 2014, the Defendant notified the Plaintiff of the disposition that the instant violation constitutes a violation of Article 13(1) of the Construction Waste Act, and received written opinions from the Plaintiff on October 2, 2014. On October 6, 2014, the Defendant issued an order to suspend business operations for one month (hereinafter “instant disposition”) (hereinafter “instant disposition”), to take measures for taking measures (collection of waste asphalt without permission within the business suspension period), and to impose an administrative fine of five million won on the Plaintiff.

The fact that there is no dispute as to the ground for recognition under Article 25(6) and Article 66(1) of the Construction Waste Act of October 15, 2014-14-20, 2014-200,000,000 won) of the Construction Waste Act, the fact that there is no dispute as to the ground for recognition under Article 25(6) of the Construction Waste Act of November 14, 2014, the fact that the administrative disposition (payment period) violation of the provisions of the administrative disposition laws and regulations (payment period), the implementation period (payment period) of the administrative disposition (payment period), the construction waste release container without going through the interim disposal of Article 13(1) of the Construction Waste Act, which is the legal basis for the enforcement period (payment period), the entry of

2. The lawsuit of this case.

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