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(영문) 수원지방법원 2019.04.24 2018구단7475
과징금부과처분취소
Text

1. The imposition of a penalty surcharge of KRW 100 million imposed on the Plaintiff on March 8, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On October 11, 1995, the Plaintiff was established with B as the head office, and obtained permission from the basin environmental office on March 23, 200 for interim disposal of designated wastes (specialized incineration) from the Han River basin environmental office on March 23, 200. On December 8, 2003, the Plaintiff obtained permission for interim disposal of wastes other than designated wastes (specialized incineration) from the Defendant, and obtained permission for change of the waste interim disposal capacity and storage facilities on February 8, 2013. The change in the waste disposal capacity and disposal capacity is as listed below.

Schedule 1 Change of Wastes and Disposal Capacity

B. On March 8, 2018, the Defendant issued a disposition to impose a penalty surcharge of KRW 100 million in lieu of the disposition to suspend business operations for the Plaintiff on the ground that “from August 1, 2015, to June 30, 2017, the Plaintiff, by providing that the Plaintiff “a gas treatment” was more than that permitted as indicated in the table 2 below, and operated an incineration facility exceeding 30/100 of the permitted disposal capacity, thereby violating Article 25(11) of the Wastes Control Act and Article 29(1)2(e) of the Enforcement Rule of the same Act” (hereinafter “instant disposition”).

Table 2: Annual conversion (24 hours, 330 days) of the volume of excessive incineration (in tons) into the permitted volume of excessive incineration (24 hours, 330 days) in 2015; the purport of entry in the aggregate of 31,680 tons 31,680 tons 13, 2017, 2015 2, 115 8, 409 219, 207 20, 118 9, 694 10, 894 20,58/300; the purport of the whole oral argument in each of subparagraphs 1, 2, 2, 3-1, 3-2, 4, 1 through 4; and the purport of the whole oral argument in each of subparagraphs 1 through 4.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Defendant’s error in the application of the Act on the Grounds of Disposition (Chapter 1) (amended by Ordinance of the Ministry of Environment No. 757, May 17, 2018) Article 29(1)2(e) of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 757), which is the basis of the instant disposition

The "waste disposal capacity" stipulated in the Act refers to the individual waste incineration capacity stated in the permit.

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