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(영문) 서울행정법원 2017.04.27 2016구합68106
과징금부과처분취소
Text

1. A disposition imposing a penalty surcharge of KRW 20,00,000, imposed by the Defendant against Plaintiff A and B on April 4, 2016, and Plaintiff C on June 9, 2016.

Reasons

The Plaintiffs are running a waste disposal business with the license for the medical waste collection and transportation business of each of the instant dispositions after accepting medical wastes from all hospitals and clinics across the country and transferring them to incineration centers, etc.

From March 2016 to May 2016, the Defendant conducted a special inspection on the actual condition of the safety management of medical wastes against the medical waste discharging and disposing companies. As a result, the Defendant discovered the same fact as the vehicle loading capacity used when the vehicle loading capacity used when transporting medical wastes collected from the Plaintiffs, etc. to a temporary storage place is moved to a disposal place, which is a temporary storage place.

Accordingly, according to Article 13(1) of the Wastes Control Act and Article 7(1)3(a) of the Enforcement Decree of the Wastes Control Act, etc., the Defendant imposed a penalty surcharge of KRW 20 million on the Plaintiff A and B on April 4, 2016 on the ground that the Plaintiffs violated Article 13(1) of the Wastes Control Act and Article 7(1)3(a) of the Enforcement Decree of the Wastes Control Act that “to temporarily transport wastes to a temporary storage place is permitted only for collecting wastes with a vehicle with a smaller loading capacity and transporting them to a vehicle with a larger loading capacity,” and imposed a penalty surcharge of KRW 20 million on the Plaintiff C on June 9, 2016 (hereinafter “each of the instant dispositions”). [The grounds for recognition] There is no dispute on each of the following facts, Gap 1, 2, and 5 evidence (including numbers; hereinafter the same shall apply), and the purport of all pleadings, and each of the instant provisions under Article 7(1)3(a) of the Enforcement Decree of the Wastes Control Act.

(1) Any person who intends to treat wastes shall be prescribed by Presidential Decree.

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