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(영문) 부산고등법원 2014.08.13 2013누20745
과징금및과태료처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance for this case is as follows, and the part of the judgment of the court of first instance as to whether it constitutes food wastes is as follows. Thus, this part shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the cases where the part as mentioned below is used. 【2's existence or absence of mandatory recycling). In light of the above legislation and legislative intent as above, food wastes include food waste generated from the process of producing, distributing, processing, cooking, storing, or consuming food materials or food, and also include a person discharging industrial waste as well as a person discharging industrial waste in accordance with Article 13 of the former Wastes Control Act, Article 7 of the Enforcement Decree of the same Act, and Article 14 [Attachment 2(c) of the Enforcement Decree of the same Act] as the average waste discharged from a place of business or a waste treatment plant established and operated by a person in accordance with Article 20 of the former Enforcement Decree of the Wastes Control Act.

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