logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.01.29 2014구합2523
영업정지처분취소
Text

1. The part concerning a request for revocation of the imposition of an administrative fine among the instant lawsuits is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On November 8, 2000, the Plaintiff obtained permission from the Defendant for a comprehensive waste recycling business to produce organic fertilizers by recycling biological residuess from the Defendant, and run a waste disposal business.

B. On February 18, 2014, the Defendant received a civil petition from a civil petitioner to the effect that “the Plaintiff’s compost facilities are not operated normally, and thus, improper treatment is doubtful and damaged by malodor.”

C. On February 18, 2014, the Defendant confirmed that school base facilities, etc. have not been operated normally as a result of a field investigation, and on March 20, 2014, the Defendant issued a disposition of KRW 3,000,000 for the suspension of business pursuant to Articles 27(2)12 and 68(1)4 of the Wastes Control Act (from March 28, 2014 to April 27, 2014) and for the reason that the Plaintiff failed to maintain and manage the relevant facilities in accordance with the management standards under Article 31 of the Wastes Control Act.

(A) Evidence Nos. 5, hereinafter referred to as "disposition of the suspension of business of this case" and "Disposition of the Fine for Negligence of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 and the purport of the whole pleadings.

2. Whether the part concerning the request for revocation of the disposition imposing the fine of this case is lawful

A. We examine ex officio the legal nature of the claim for revocation of the disposition of imposition of a fine for negligence in the instant lawsuit.

B. Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine. If an objection is filed, the imposition of the administrative fine shall lose its effect, and the administrative agency in receipt of the objection shall notify the competent court of its opinion and documentary evidence within 14 days from the date on which the objection is filed, and the competent court shall, upon receiving the notification, attach reasons to the notification.

arrow