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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is the owner of the land B at Kimhae-si, and about 750 tons of Maineeasium mineral products were illegally stored by the lessee C at the above land.
Where the head of a Si/Gun/Gu permits any third person to use his/her own land when wastes are disposed of, disposed of, or buried in a manner inconsistent with the standards and methods for disposal of wastes, recycling purposes or methods of wastes, he/she may order the third person to take necessary measures, such as changing the methods for disposal of wastes or suspending the disposal of wastes, or
Around October 16, 2019, the Defendant issued an order to take measures for waste treatment (hereinafter “instant order to take measures”) with the purport that “the Defendant permitted an offender (C) to use his/her own land in the Defendant’s residence in which he/she stored D apartment E in Gyeyang-si, Yanghae-si, to use his/her own land, and did not comply with the order to take measures for waste treatment (hereinafter “instant order to take measures”). By November 7, 2019, the Defendant did not comply with the order to take measures.
2. In full view of the following circumstances and legal principles revealed in the records and pleadings of the instant case, the instant order for measures was unlawful without a legitimate service prior notice.
Although the above order to take measures is not null and void as a matter of course, as long as it is recognized as illegal, the defendant who did not comply with such order cannot be punished as a violation of the Wastes Control Act.
(see Supreme Court Decision 2017Do7321, Sept. 21, 2017). According to Articles 21(1), 21(4), and 22 of the Administrative Procedures Act, in cases where an administrative agency imposes an obligation on a party or imposes a disposition restricting his/her rights and interests, the administrative agency may present its opinion on the facts, details, and legal basis for such disposition in advance.