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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. On December 2, 2010, the Plaintiff, with the permission from the Defendant, runs a general waste recycling business in the Gyeong-gun B (hereinafter “instant place of business”), and the daily waste recycling volume for which the permission was granted is 100 tons.
B. On February 20, 2017, the Defendant issued a penalty surcharge of 20 million won and an order for disposal of waste (a disposal period: June 21, 2017; hereinafter “previous order for disposal”) to the Plaintiff pursuant to Articles 28 and 39-3 of the Wastes Control Act on the ground that the Plaintiff kept 3,315 tons of waste in a place of business outside the place of business, other than the permitted waste storage facilities, and stored wastes in excess of the daily treatment capacity of 30 days (100 tons) and violated Article 25(9) of the Wastes Control Act.
C. After doing an on-site business trip investigation on May 31, 2017 at the instant place of business, the Defendant determined that the Plaintiff entrusted the disposal of 6,768 tons from February 21, 2017 to May 30, 2017, which was the day following the date of the violation of the previous waste disposal order, disposed of 2,035 tons among them, and stored 200 tons after crushing, and the remaining 4,573 tons in the outdoor place of business.
Accordingly, on May 31, 2017, the Defendant issued an order to suspend business operations for three months and to dispose of waste (hereinafter “instant disposition”) against the Plaintiff pursuant to Articles 27 and 39-3 of the Wastes Control Act, on the ground that the Plaintiff violated Article 25(9) of the same Act by storing wastes with a daily treatment capacity exceeding 30 days (100 tons) in an outdoor place of business, which is not a waste storage facility for which waste 4,573 tons were permitted.
E. In addition, the Defendant’s on-site investigation into the instant place of business on June 22, 2017: (a) was entrusted with the disposal of 8,850 tons of wastes from February 21, 2017 to June 21, 2017, which is the date following the date on which the Plaintiff violated the previous waste disposal order; and (b) crushing 3,150 tons of wastes among them, and crushing 5.