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 was established on January 23, 1997, and from around 2002 to around 53, Seo-gu, Incheon, Seo-gu, 153 (Yannam-dong) engaged in wastewater treatment business.

B. On March 9, 2017, around A, B, C, and D (hereinafter “public officials of this case”) who are public officials belonging to the Seo-gu Incheon Metropolitan City Office environmental preservation performed a special control over wastewater treatment facilities operated by the Plaintiff, requesting an inspection to the Industrial Wastewater department of the Incheon Metropolitan City Health and Environment Research Institute by collecting final treatment water discharged from the above facilities (hereinafter “instant samples”) and requesting an inspection to the Industrial Wastewater department of the Ministry of Health and Environment of Incheon Metropolitan City. As a result of the inspection, it was confirmed that suspended oil (S) was detected by 134 g/ liter, thereby exceeding the permissible discharge level (120 g/ liter).

C. On April 11, 2017, the Defendant issued a disposition of suspension of business for one month (hereinafter “instant disposition”) by applying Articles 64(3)2, 62(2)2, and 71 of the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality and Ecosystem Conservation Act”) and Article 105(1) [Attachment 22] of the Enforcement Rule of the same Act, on the grounds that the Plaintiff exceeded the permissible discharge level of floating substances.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is unlawful for the following reasons.

(1) According to Article 6(1) of the Environmental Testing and Inspection Act and the former Water Pollution Test Standards (Public Notice No. 2017-4 of the Ministry of Environment Notice) (hereinafter “Environmental Testing and Inspection Act”), a prosecutor should conduct an inspection within the period of time, on March 17, 2017, where the date of collection of samples is seven days from the date of collection of samples.

(2) According to the former Water Pollution Test Standards, the determination of whether a wastewater treatment facility conforms to the permissible discharge standards is appropriate is made twice at regular intervals.