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(영문) 광주지방법원 2018.12.20 2018구합12510
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. The Plaintiff is an agricultural company that runs a comprehensive waste recycling business, such as food waste disposal business, production and sales business of organic fertilizers, in Jeonsung-gun, Jeonsung-gun.

B. On July 2, 2018, the Defendant confirmed that malodor was inscribed at the Plaintiff’s workplace as a result of on-site verification of the Plaintiff’s workplace.

C. On July 23, 2018, the Defendant, upon prior notice, issued a disposition of suspension of business against the Plaintiff’s waste disposal business (hereinafter “instant disposition of suspension of business”), pursuant to Article 31(1) of the Wastes Control Act and Article 42(1) of the Enforcement Rule of the Wastes Control Act (hereinafter “instant disposition of suspension of business”), and imposed an administrative fine of KRW 3,00,000 on the Plaintiff pursuant to Article 68(1)4 of the Wastes Control Act (hereinafter “instant disposition of imposition of administrative fines”).

The principles of recycling wastes and non-performance of matters to be observed - the operation (which operation of air exhausters, operation of malodor-preventive facilities, operation of malodor-preventive facilities, and operation of a place of business not being partially sealed) / The absence of dispute, Gap evidence No. 11, Eul evidence No. 1, and the purport of the whole pleadings, in the course of operating food waste recycling facilities.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine the legitimacy of this part of the lawsuit ex officio on the claim for revocation of the disposition imposing the fine for negligence of this case.

Article 31(1) of the Wastes Control Act provides that “A person who installs and operates waste disposal facilities shall maintain and manage such facilities in accordance with the standards for management prescribed by Ordinance of the Ministry of Environment.” Article 68(1)4 of the same Act provides that “A person who maintains and manages waste disposal facilities in breach of the standards for management in violation of Article 31(1) shall be punished by a fine for negligence not exceeding ten thousand won.”

On the other hand, the main sentence of Article 2 subparagraph 1 of the Act on the Regulation of Violations of Public Order violates the obligation of law.

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