1. The plaintiff's claim is dismissed.

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

Details of the disposition

A. The Plaintiff is a company whose head office is located in Daejeon Jung-gu and engaged in the wholesale and retail business of medical devices, medical supplies, and manufacturing business. The Defendant is a corporation that is entrusted by the Minister of Environment with the affairs concerning the calculation and payment notice of waste charges pursuant to Article 38(2) of the Act on the Promotion of Saving and Recycling of Resources (hereinafter “Resources Recycling Act”) and Article 48(2)1 of the Enforcement Decree of the same Act.

B. From January 1, 2013 to December 31, 2013, the Defendant imposed KRW 40,621,650 as waste charges on April 28, 2014, on the basis of the import performance of “one-time plastic bags and vinyl pre-finites” (each of them is polyethylene materials; hereinafter “instant plastic bags, etc.”) imported by the Plaintiff.

hereinafter referred to as "disposition of this case"

3) Article 10(2) of the Enforcement Decree of the Resource Development Act, which provides for the exclusion from the imposition of waste charges, argues that the Defendant’s defense against the legitimacy of the instant lawsuit, is against the principle of equality, where Article 10(2) of the Enforcement Decree of the said Act does not include the vinyl, etc. in the scope of exclusion from the imposition of waste charges, and thus, the instant lawsuit is unlawful and dismissed as it is unlawful since it contests administrative legislative omission that cannot be the object of administrative litigation.

Judgment

On the other hand, it is clear in its purport that the Plaintiff, rather than an administrative legislative omission as the subject matter of a lawsuit, sought revocation of the imposition of waste charges imposed on the Plaintiff’s vinyl of this case, etc. without applying the provisions of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources.

On a different premise, the prior defendant's defense is without merit without examining any further.

Whether the instant disposition is legitimate or not, the Plaintiff’s waste charges in violation of the Enforcement Decree of the Resource Recycling Act.