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(영문) 부산지방법원 2020.12.09 2020구단20631
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for three months against the Plaintiff on June 19, 2019 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff registered measuring agency business to the Defendant pursuant to the Environmental Examination and Inspection Act (hereinafter “Environmental Examination and Inspection Act”) and conducted environmental measuring agency business.

B. The Plaintiff’s wastewater treatment business chain Co., Ltd. (hereinafter “B”) located in Busan, which conducted measuring agency business was during the period of business suspension from June 1, 2018 to June 10, 2018.

C. On April 24, 2019, the public-private joint checkup team of the entrusted wastewater treatment business that consists of the Defendant, the Nakdong River Basin Environment Office, the Busan Metropolitan City Nowon-gu, and the C&C, was found to have prepared a waiting measurement record book on June 25, 2018, stating that the Plaintiff measured the atmosphere by collecting the atmosphere samples on June 4, 2018 during the period of suspension of business.

Plaintiff

On May 9, 2019, D, the head of the self-measurement team, prepared and submitted a confirmation document confirming that the Plaintiff violated Article 17 (1) 7 of the former Environmental Examination and Inspection Act (amended by Act No. 17184, Mar. 31, 2020) by measuring the atmosphere against the business entity during the period of business suspension as seen above (hereinafter “instant violation”). On May 13, 2019, after prior notice of the Defendant’s disposition and the Plaintiff’s submission of opinions on May 31, 2019, the Defendant issued a claim against the Plaintiff on June 19, 2019 for an inaccurate basis for the calculation of the result of measurement or by calculating the result of measurement in falsity (hereinafter “the instant disposition”). The Plaintiff, on the ground that the Plaintiff violated Article 18 (1) 7 of the former Environmental Examination and Inspection Act (amended by Act No. 17184, Mar. 31, 2020; hereinafter referred to as “the instant disposition”).

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is as of June 4, 2018.

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