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(영문) 수원지방법원 2017.01.18 2016구단8177
과징금부과처분취소
Text

1. The Defendant’s imposition of a penalty surcharge of KRW 20,00,000 against the Plaintiff on September 9, 2015 is revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On February 14, 2004, the Plaintiff is a medical waste incineration company that received a license for the intermediate disposal business of medical wastes from the Defendant (the name at that time is the head of the regional environmental office) after obtaining a license for the intermediate disposal business of medical wastes generated from sick clinics, etc., and disposes of them.

B. On August 12, 2015, the Plaintiff kept approximately 36 tons of medical wastes entrusted by a person who discharges medical wastes, such as a hospital, etc. on August 20, 2013, at a place, other than the permitted storage facility. On October 2, 2013, the Defendant issued a warning disposition corresponding to the first violation to the Plaintiff. (2) On September 26, 2013, the Plaintiff stored approximately 100 tons of medical wastes entrusted by a person who discharges medical wastes, such as a hospital, at a place, other than the permitted storage place. On October 31, 2013, the Defendant issued a disposition imposing a penalty surcharge of KRW 20,00,000 in lieu of the second violation against the Plaintiff for one month of business suspension corresponding to the second violation.

3) The Plaintiff filed an administrative litigation seeking the revocation of the imposition of the said penalty surcharge, and the Seoul High Court (2014Nu68517) rendered a judgment revoking the imposition of the penalty surcharge for the offense committed on September 26, 2013, since each of the violations committed on August 20, 2013 and September 26, 2013 was the same, all of the violations should be deemed the first violation. Accordingly, on May 19, 2015, the Defendant revoked the imposition of the penalty surcharge for the offense committed on September 26, 2013 and changed the same to the first warning disposition corresponding to the first violation. 4) on February 10, 2014, on the ground that the Plaintiff left at the outer wall of the incineration facility first, the Defendant left the organization logistics wastes stored at less than 4 degrees in an exclusive cooling facility, which constitutes a violation of the imposition of the penalty surcharge of KRW 300,000,300,000, Mar. 12, 2014.

5) The Plaintiff filed a lawsuit seeking revocation of the imposition of the said penalty surcharge, and the Suwon District Court (2014Guhap53231) violated the said imposition of the penalty surcharge on February 10, 2014.

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