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(영문) 대전지방법원 2017.11.23 2017구합104315
영업정지처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on July 31, 2017 shall be revoked for 15 days.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 5, 2001, the Plaintiff had operated a construction waste interim disposal business after obtaining a construction waste interim disposal business license on the ground that the place of business of the Plaintiff was a land 12-8, 9, 11, and 12 (hereinafter “instant site”) located in the Cheongyang-gun, Chungcheongnam-do.

B. From May 23, 2016 to June 3, 2016, the Audit Committee conducted an investigation with respect to the Plaintiff, and from the end of 2016 to the end of 2011 (or from the end of 2013) to August 30, 2016 (or at present), the Plaintiff demanded that the Plaintiff take measures, such as administrative measures (such as suspension of business, etc.) and the withdrawal of the measure against the Plaintiff, including an accusation, against the Plaintiff, against the Plaintiff.

The defendant requested the Cheongnam-do Audit Committee to review the above request for disposition, but was dismissed on June 2017.

C. Accordingly, on July 31, 2017, the Defendant issued a disposition to the Plaintiff 15 days of business suspension (15 days from August 22, 2017 to September 5, 2017) on the ground of Article 22 and Article 25 of the Construction Waste Act and Article 13(1)8 and Article 15-2 of the Enforcement Rule of the same Act, on the ground that “The Plaintiff did not implement a change in the construction site, on the ground that “the Plaintiff’s interim disposal of construction waste and circular sand produced by interim disposal of construction waste, and construction waste interim disposal business for construction waste disposal in an area adjoining the permitted site, such as 112-5 and 112-6.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the disposition of this case is unlawful for the following reasons.

1 The Plaintiff placed recycled aggregate and earth and sand on the neighboring site of the instant plant.

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