1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a company that mainly runs the manufacture and sale of ready-mixed building materials as its main business. From the 1970s, the Plaintiff is operating a ready-mixed factory in Seongdong-gu Seoul Metropolitan Government from 71, Seongdong-gu (hereinafter “instant factory”).

B. On October 27, 2015, the Defendant conducted on-site investigations as to whether wastewater has been discharged into the instant factory, and on December 1, 2015, the Defendant issued a disposition of suspension of operation 10 days to the Plaintiff, applying Article 42 of the Water Quality and Aquatic Ecosystem Conservation Act and Article 105 of the Enforcement Rule of the same Act to the Plaintiff on the ground that “the Plaintiff, on October 27, 2015, discharged water pollutants discharged from discharge facilities without flowing them into prevention facilities, and violated Article 38(1)1 of the Water Quality and Aquatic Ecosystem Conservation Act by installing facilities capable of discharging water pollutants discharged from discharge facilities without flowing them into prevention facilities (hereinafter “Water Quality Ecosystem Act”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The defendant asserts that wastewater containing water pollutants is "the pipe connecting the collection of water tanks inside the factory of this case with the outside manle of the factory of this case" and "the above structure is "the water tank of this case, the water pipe of this case, the Manle of this case, and the waterway of this case."

The disposition of this case was taken through ‘Brancheon' and was discharged through ‘Brancheon'.

① However, the instant water tank is installed to use water from the instant factory floor and rainwater for the production of ready-mixeds, and its inside and outside cannot discharge wastewater. ② The instant water tank is located in the structure installed for the drainage of rainwater in accordance with the Building Act.