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(영문) 부산고등법원(창원) 2019.04.17 2018누11701
과징금부과처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court shall explain concerning this case are stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed or any content thereof is added, as provided in paragraph (2).

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

2. Parts used or added;

(a) At 16th 3rd 16th 16th 10th 16th 16th 1st 16th c. “A evidence 6, 9, 10th c. A, and 13th 2th c. B. 5th 19-20th c. of the first c. c. “this case’s disposition standard table2”

C. 14A) “Enforcement Rule of the Wastes Control Act [Attachment 21] 2 of the Enforcement Rule of the Wastes Control Act, which provides the basis for the instant disposition

(c) 14) in the form of “14(A).” (c) The reasons for the first instance judgment are as follows;

(4) The last sentence (6.9-12) of Paragraph (4) of the "Determination" has been made as follows. On the other hand, the Minister of Environment, a superior agency of the defendant, issued a pre-announcement of legislation on the partial amendment of the Enforcement Rule of the Wastes Control Act, the purpose of which is to revise the provisions of this case, etc. around July 2018. In the pre-announcement of legislation, it is consistent with the defendant's interpretation that even if the disposal facility increases above the permitted volume without physical, structural, and functional modification, it constitutes "a modification exceeding 30/100 of the disposal capacity" of this case, which was "a modification exceeding 30/100 of the disposal capacity", and the wording of the above provision was "a modification exceeding 30/100 of the disposal capacity" of this case to "a modification more than 30/100 of the disposal capacity or more than the permitted disposal capacity" of this case. However, the above pre-announcement of legislation and the amendment of the Enforcement Rule of the Wastes Control Act are different from the above.

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