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(영문) 수원지방법원 2018.02.08 2017구합1705
행정처분 폐쇄명령처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is running a principal and gold-type manufacturing business under the trade name of “C” in the Ssung City B.

(hereinafter referred to as the “instant workplace”). B.

The Defendant issued an order to close the wastewater discharge facility (hereinafter “instant disposition”) to the Plaintiff on February 23, 2017, on the ground that the Plaintiff installed and operated the wastewater discharge facility (0.36 square meters in a cut-off processing facility x 11 square meters) without obtaining permission from the instant business establishment.

C. The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition, and the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s claim on May 15, 2017.

On May 22, 2017, the said written ruling received D employee of the Plaintiff at the instant workplace.

In the blank column of the certificate of delivery of the postal item, D, a "company partner", was stated to be received, and D, which was signed in writing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 6, 8, 9, 12, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As to the defendant's defense prior to the merits that the disposition of this case was unlawful, the defendant asserted that the disposition of this case was unlawful, and the defendant asserted that the lawsuit of this case is unlawful as it was raised with the lapse of the filing period.

B. 1) According to Article 20 of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when a disposition, etc. is known (main sentence of paragraph (1). However, in cases where a request for administrative appeal was made, the period for filing the lawsuit shall be calculated from the date when the original written judgment is served (in cases falling under the proviso of paragraph (1), one year from the date when the judgment is rendered). In such cases, a revocation lawsuit may be instituted within one year from the date when the original written judgment is served (in cases falling under the proviso of paragraph (1), one year from the date when the judgment is rendered). As to the service of a written adjudication for administrative appeal,

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