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(영문) 광주지방법원 2017.08.23 2016노2855
폐기물관리법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is an unlawful order of correction because it is impossible to implement the order within the implementation period, and there is no intention to perform the part that the Defendants could not implement. However, the court below found the Defendants guilty of the charges of this case. The court below erred by misapprehending the legal principles (to the extent of supplement of the grounds for appeal as stated in the grounds for appeal, and no separate decision is made as to the Defendants’ assertion that are not entirely stated in the grounds for appeal). 2. If an administrative disposition was cancelled after the fact-finding procedure, it shall lose its effect retroactively at the time of the disposal, and it shall be reasonable to view that the administrative disposition became final and conclusive since it was not originally obligated to obey the administrative disposition (see, e.g., Supreme Court Decision 98Do4239, Feb. 5, 199; Supreme Court Decision 2008Do4286, Feb. 26, 200). It shall not be deemed that the court below's final and conclusive disposition of this case was invalid on the following grounds:

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