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(영문) 대구고등법원 2017.12.08 2017누5691
영업정지처분취소
Text

1. Revocation of the first instance judgment.

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. On February 4, 2004, the Plaintiff obtained permission for waste collection and transportation business from the Defendant. At the time of permission, “waste subject to business” is “household waste” and “business area” is “Tgu Nam-gu and Suwon-gu”.

B. Around August 2014, the Plaintiff entrusted C with the disposal of wastes generated at the construction site in the 1st floor located in Daegu Northern-gu, Daegu-gu, with the disposal of wastes at the construction site. On August 23, 2014, the Plaintiff collected 2.1 tons of wastes generated at the construction site at the above construction site and transported and disposed of them to the Daegu Metropolitan City Environmental Resources Center, and collected and transported 3.41 tons of wastes generated at the same site by the same method on August 25, 2014.

(hereinafter “instant collection and transportation activities”). C.

On October 1, 2015, the Defendant received a notice from the Daegu Metropolitan City Environmental Resource Office to the effect that “it includes the Plaintiff’s instant collection and transportation activities in the circumstance that at least five tons of wastes generated at the same place of discharge, among the construction site’s living wastes brought into the same place of discharge in 2014 and 2015,” and received the notice of the investigation as of October 15, 2015 and the investigation result as of January 18, 2016.

Accordingly, on February 16, 2016, the Defendant issued a disposition of business suspension for 15 days pursuant to Article 25(5) of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015; hereinafter the same), Article 27(2)5 and Article 60 of the same Act, Article 83(1) [Attachment Table 21] of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 664, Jul. 21, 2016; hereinafter the same), and mitigation provisions of Article 83(2) [Attachment Table 21] 2(c)9 of the former Enforcement Rule of the Wastes Control Act (hereinafter referred to as “instant disposition”), and the above disposition grounds (i.e., “reasons for disposition”).

E. The defendant is at the first instance court, and this case.

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