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(영문) 전주지방법원 2016.06.30 2014구합2659
행정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 16, 2002, the Plaintiff was a corporation established for the purpose of standing timber business, construction waste interim disposal business, construction waste recycling business, etc., and the Plaintiff engaged in recycling business on December 15, 2005, with a license for interim and final recycling business from the Defendant, and on December 15, 2005, on the land outside of 390-3, YY-ri, YY-ri, and one parcel of land (hereinafter “instant business”).

B. On July 25, 2014, the Defendant: (a) received a civil petition from a neighboring resident of the instant place of business for the occurrence of pollution damage due to malodor generated in the process of waste treatment; and (b) conducted the on-site inspection of the instant place of business; and (c) confirmed that the Plaintiff stored organic sludge in the instant place of business without recycling it according to the recycling purpose and method of waste.

C. Accordingly, on September 1, 2014, the Defendant issued an administrative disposition with the following content (hereinafter “instant disposition”) upon receipt of the prior notice of disposition to the Plaintiff.

Violations: Violation of recycling methods of wastes and improper storage of wastes (violation of Article 13-2 of the Wastes Control Act): Change to recycling methods in conformity with the provisions of attached Table 5-2 of the Enforcement Rule of the Wastes Control Act - Suspension of carrying in wastes as organic sludge until the improvement is completed to facilities consistent with the provisions of the provisions of attached Table 5-2 of the Enforcement Rule of the Wastes Control Act - The proper disposal period for properly disposing of wastes, such as water pollution and water pollutants generated from improper disposal of wastes (estimated 38,764 tons): Until August 31, 2015 (based on recognition)

2. The legality of the instant disposition

A. The plaintiff's assertion is the method and method of recycling wastes under the Wastes Control Act.

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