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(영문) 대전지방법원 2018.06.21 2017구합104247
조업정지처분 취소
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 stock company that runs the business of manufacturing, selling, etc. of artificial lectures, which are motor vehicle parts, in B district (hereinafter “instant industrial complex”).

B. On September 12, 2016, from around November 28, 2016 to around November 28, 2016, Jinjin-si received a report that wastewater was discharged from the nearby residents of the instant industrial complex to the excellent pipes located in the direction of Jinpo-gu, and inspected the enterprises located in the instant industrial complex including the Plaintiff. As a result of the inspection, it was confirmed that the industrial wastewater containing specific substances harmful to water quality (Guide, lead, rain, cadmium) generated from the Plaintiff’s industrial treatment plant does not flow into preventive facilities due to the damage of pipes connected to the wastewater treatment plant at the industrial treatment plant, and that the wastewater discharged into the front sea of Jinpo-gu through the excellent pipes in the Plaintiff’s factory and out-of-factory pipes through the excellent pipes.

(hereinafter referred to as “first emission”). (c)

On January 9, 2017, the Defendant, upon which the investigation data was transferred from the Si of Si of Si of Si of Si of Si, was amended by Act No. 15194, Dec. 12, 2017 by the Plaintiff to the Water Environment Conservation Act as of December 12, 2017.

The Water Quality Ecosystem Act (hereinafter referred to as the “Water Quality Ecosystem Act”).

() Pursuant to Article 43(1) of the same Act, a penalty surcharge of KRW 12 million was imposed on the ground that a person violates Article 38(1)1 (the act of discharging water pollutants discharged from discharging facilities without flowing them into prevention facilities or installing facilities capable of discharging water pollutants without flowing them into prevention facilities) or 4 (the act of discharging water pollutants exceeding the permissible discharge levels set under Article 32 due to the failure to normally operate discharging facilities and prevention facilities without justifiable grounds) (hereinafter “instant penalty surcharge disposition”).

D. On April 27, 2017, Jinjin-si discharges yellow wastewater as an excellent pipe in the direction of Hanjin-gu, such as primary discharge from residents adjacent to the industrial complex of this case.

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