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(영문) 광주고등법원 2016.12.22 2015누7202
영업정지 1개월 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status is a corporation that runs a comprehensive waste recycling business in Yong-Namnam-gun B and C with a license for a comprehensive waste recycling business on July 14, 1998 and with a license for modification on October 11, 2007 for recycling animal residues and fair sludge with a license for modification.

The plaintiff's waste recycling process shall take effect by mixing wastes that are raw materials, and shall take place through the process of packing materials which are completed by selecting them from the result of entry into force.

B. On March 12, 2015, the Defendant’s guidance and inspection conducted guidance and inspection (hereinafter “instant guidance and inspection”) with respect to the Plaintiff and limited liability company D (hereinafter “D”) at night, and confirmed that food wastes (hereinafter “instant wastes”) exist inside the Plaintiff’s workplace, and on March 13, 2015 following the following day, the Defendant demanded the Plaintiff’s actual operator, E, around March 23, 2015, to sign and seal a written confirmation (hereinafter “instant confirmation”). However, at the time of the instant guidance and inspection, the Defendant demanded that “A, on March 13, 2015, bring about approximately 20,000 g of food wastes, which are not business subject to the instant guidance and inspection, into the facility, and put them into the process of entry into the port of entry into force.”

C. On April 6, 2015, the Defendant issued a business suspension order for one month (from April 15, 2015 to May 14, 2015) pursuant to Article 27 of the Wastes Control Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant’s act of bringing in and treating the instant wastes, which was not permitted by the Plaintiff for recycling, was changed in violation of Article 25(11) of the Wastes Control Act.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 2 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The plaintiff's assertion (1).

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