1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Details of the disposition;

A. The Plaintiff is a company that operates a waste disposal business with a license for a comprehensive waste recycling business that uses wastes subject to business from the Defendant as food wastes (95 tons/day).

B. On July 19, 2016, the Defendant issued a disposition of the suspension of business for three months (from August 1, 2016 to October 31, 2016) on the date and time of the violation against the Plaintiff on June 15, 2016, on the ground that “the Defendant brought in and disposed of wastes subject to recycling without obtaining permission for change of waste (the second violation)” as “violation of Article 25(11) of the Wastes Control Act” (hereinafter “instant disposition”).

C. On June 15, 2016, the date of the violation of the instant disposition, the Defendant’s public official conducted a joint inspection of the Plaintiff’s workplace, and pointed out the fact that the Plaintiff brought in and disposed of vegetable residues among industrial wastes, other than commercial wastes.

At the time of the joint inspection above, the Plaintiff’s representative director prepared a letter of confirmation that “the vegetable residues generated by the Korea Agency in Songpa-gu Seoul Metropolitan Government and A, a waste collection and transportation company, etc., carried in a total of 97,070 kilograms over four occasions, including May 18, 2016, and May 24, 2016,” and submitted it to the Defendant’s public official in charge.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition is premised on the fact that the kinds of wastes discharged in accordance with the report certificate issued by the Korea Agency and the stock company are reported as plant residues. However, such circumstance alone is both plant residues and plant wastes discharged by the Korea Agency and the stock company.