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(영문) 광주지방법원 2015.10.15 2015구합10308
폐기물반입정지 조치명령 2개월 처분 취소 청구
Text

1. The disposition taken by the Defendant against the Plaintiff on January 20, 2015 to revoke the disposition for two months as to the suspension of shipping wastes into Korea.

2...

Reasons

Details of the disposition

The plaintiff is a corporation that runs the general waste recycling business in the Youngnam-si, Youngnam-si, 53-69.

On October 15, 2014, the Defendant issued a disposition of suspension of business one month (hereinafter “previous disposition”) on the ground that the Plaintiff’s instruction and inspection process with respect to the Plaintiff was in violation of the standards and method for waste storage on the instant land, on which the water from which flows out on the ground (hereinafter “instant land”) 912-13 (hereinafter “instant land”). On October 15, 2014, the Defendant: (a) determined that the instant water from which flows out on the ground that it violated the standards and method for waste storage (hereinafter “previous disposition”) from November 24, 2014 to December 23, 2014.

On or after December 24, 2014, the Defendant still confirmed that the Plaintiff was in the open space on the instant land, and on January 20, 2015, on the ground that the Plaintiff violated the standards and methods for storage following the recycling of wastes on October 15, 2014, the Defendant issued a disposition to suspend the shipment of wastes pursuant to Article 13-2 of the Wastes Control Act (hereinafter referred to as “instant disposition”) for two months (from January 28, 2015 to March 27, 2015) (hereinafter referred to as “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5 (including each number), plaintiff's assertion of the whole purport of pleading, and plaintiff's assertion of relevant laws and regulations, the ownership of the plaintiff, and the disposition of this case should be revoked for the following reasons.

Pursuant to the Wastes Control Act, the instant chemical is not a waste, but a fertilizer (livestock manure manure manure manure) that is completed after recycling livestock excreta. Thus, livestock excreta is not a waste. Even if being recycled, livestock excreta is in the process of recycling.

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