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(영문) 대구지방법원 2017.02.07 2016구합21925
재활용부과금처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a manufacturer obligated to recycle under Article 16 of the former Act on the Promotion of Saving and Recycling of Resources (amended by Act No. 13036, Jan. 20, 2015; hereinafter “Resources Recycling Act”), which produces and sells Korean-style feed as other complex materials, film, and sheet-type packing materials, and sells it. The Defendant is entrusted with the duty to calculate, impose, and notify the recycling dues from the Minister of Environment pursuant to Article 38(2) of the Resource Recycling Act and Article 48(3)18 of the Enforcement Decree of the same Act.

B. On April 6, 2016, the Defendant imposed a recycling dues of KRW 59,05,070 on the Plaintiff on the ground that the Plaintiff failed to perform his/her duty to recycle other complex materials, films, and sheet-type packing materials (hereinafter “instant packing materials”) in 2014 (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The amendment of the Resource Recycling Act of 2014 and the Enforcement Decree of the same Act reveals that the feed packing materials have become subject to the obligation to recycle due to the amendment of the Act on Resource Recycling and the Enforcement Decree of the same Act. Around December 29, 2015, the Plaintiff became aware of the fact through the customer, and on December 29, 2015, transferred the affairs related to the recycling charges of the feed packing materials to the Korea Agricultural and Fisheries Recycling Business Mutual Aid Association, a corporate entity, on February 19, 201

The total "Mutual Aid Association," regardless of whether before or after the transfer of duties, shall be collectively referred.

The defendant and the mutual aid association submitted a report on the delivery of products and packing materials subject to mandatory recycling in 2014. On December 30, 2015, the defendant and the mutual aid association paid KRW 19,565,150 to the mutual aid association for 2015. The defendant did not inform or notify the plaintiff of the recycling charges or the recycling charges for 2014.

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