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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 8, 2016, the Plaintiff obtained a license for an intermediate waste recycling business from the Defendant, and operated an intermediate waste recycling business entity (hereinafter “instant place of business”) with the trade name “C” in Busan Metropolitan City B. The subject matter of business is “waste synthetic resin, waste synthetic rubber, waste synthetic fiber, waste waste.”
B. On July 25, 2017, the Defendant received a civil petition that the instant place of business causes noise and dust, and discovered that waste concrete, waste soil, etc. are stored in the instant place of business upon confirmation of the instant place of business.
C. The Defendant issued a disposition of one month of business suspension and three million won of a fine for negligence on the ground that the Plaintiff violated Article 25(9)3 of the former Wastes Control Act (amended by Act No. 14783, Apr. 18, 2017; hereinafter “Waste Control Act”) by placing waste synthetic resin mixed with waste concrete, waste soil, etc. from the construction site, and waste concrete, waste soil, etc. for which treatment is impossible after being entrusted with the disposal of waste timber, etc. by the construction site (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 3, 5 through 8 (including each number; hereinafter the same shall apply) and images, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that there is no ground for disposition No. 1 does not exist, after being entrusted with the disposal of waste synthetic resin, waste lumber, etc. at the construction site, carrying them into the instant construction site, and then crushinged and then manufacturing intermediate recycled products. Waste synthetic resin, waste lumber, etc. are bound to be attached with small cement sculptures or soil, and waste concrete, waste soil, etc. separated in the process of separate sorting and crushing are stored in the instant construction site.
Therefore, the Plaintiff is responsible for the treatment of waste concrete, waste soil, etc. stored in the instant business site.