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(영문) 수원지방법원 2020.02.07 2019구단9317
영업정지처분취소
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. On June 2016, the Plaintiff was running a business with a license for interim waste recycling business in the building located in Sungsung City B (hereinafter “the primary place of business”). On July 19, 2017, when a fire occurred in the primary place of business, and thus it is impossible to continue the business, the Plaintiff purchased the land in Sungsung City and newly constructed the building on that date (hereinafter “the secondary place of business”) and reports the commencement of use to the Defendant on July 11, 2019, and operates the secondary place of business.

B. On January 15, 2018, the Defendant: (a) conducted on-site inspections on the first place of business, the operation of which was suspended due to a fire, and confirmed the fact that wastes are stored in excess of the storage period; (b) ordered the Plaintiff to dispose of the said wastes on February 2, 2018; and (c) ordered the Plaintiff to dispose of the said wastes on June 12, 2018 as the Plaintiff failed to comply therewith; and (d) ordered the Plaintiff to dispose of the said wastes on November 23, 2018; and (e) January 16, 2019.

C. Nevertheless, the Plaintiff’s continued failure to comply with the order to dispose of the foregoing wastes, and the Defendant, on June 18, 2019, issued an order to suspend all or part of business operations for a fixed period of up to six months on the ground that “the suspension of operation does not comply with the order to dispose of neglected wastes (violation of Article 40(2) of the Wastes Control Act)” under Article 27(2)18 of the Wastes Control Act (see, e.g., Article 27(2) of the Wastes Control Act).

18. If he/she fails to comply with an order issued under Article 39-3, 40 (2) or (3), or 48. Article 40 (2).

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