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(영문) 서울고등법원 2019.08.22 2018재누334
재활용부과금부과처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff of retrial.

purport, purport, and.

Reasons

1. The following facts are acknowledged according to the final records of the judgment subject to review.

A. The re-Appellants are manufacturers obligated to recycle resources under Article 16(1) of the Act on the Promotion of Saving and Recycling of Resources as manufacturers or importers of light ores (hereinafter “Resources Recycling Act”) and Article 18(7) of the Enforcement Decree of the Resource Recycling Act. The Plaintiff is an incorporated association upon obtaining authorization for the establishment of BF under Article 27(4) of the former Act on the Promotion of Saving and Recycling of Resources on December 18, 2003 (amended by Act No. 778 of Dec. 29, 2005) to act on behalf of manufacturers obligated to recycle wastes such as light or light (hereinafter “Resources Recycling Act”).

(1) On December 31, 2014, the Plaintiff filed a lawsuit against the Minister of Environment against the Minister of Environment seeking revocation of the authorization of BF and revocation of the authorization of establishment of a non-profit corporation under the Seoul Administrative Court 2015Guhap50542, and was sentenced to the above court on November 13, 2015. The Plaintiff appealed against the Plaintiff as Seoul High Court 2015Nu69463, and appealed as Seoul High Court 2015Nu69463, and was sentenced to the judgment that “the revocation of the authorization of establishment of a non-profit corporation and the remaining claims are dismissed.” The Plaintiff and the Minister of Environment appealed as the Plaintiff and the Minister of Environment on May 26, 2017. The judgment became final and conclusive around the time when the Plaintiff all appeals were dismissed. The Defendant was entrusted by the Minister of Environment pursuant to Article 38(2) and Article 48(3) of the Enforcement Decree of the Recycling of Resources Act to review the recycling Facilities Act’s duty and imposition of recycling report.

B. From 2014, the re-adjudications were members of the Plaintiff, before being amended by Act No. 13036, Jan. 20, 2015.

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