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(영문) 인천지방법원 2016.12.02 2016구합630
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. The Plaintiff is a company that has completed the registration of measuring agency business for air pollutants, etc. under Article 16(1) of the Environmental Examination and Inspection Act (hereinafter “Environmental Examination and Inspection Act”) and conducts measuring agency business for air pollutants, etc.

B. On November 25, 2015, the Plaintiff was commissioned by B and C (hereinafter “C”) to measure the emission amount of hydrocarbon emission with respect to air emission facilities. On November 25, 2015, the Plaintiff visited B’s workplace located in Nam-gu Incheon Metropolitan City D to measure the emission amount of hydrocarbon emission facilities at 11.42 pm in the said workplace. ② On December 1, 2015, the Plaintiff visited C’s workplace located in Nam-gu, Incheon Metropolitan City, to measure the emission amount of hydrocarbon emission facilities at 32.31 pm in the said workplace.

(2) Each of the above places of business is classified into “each of the instant places of business” and “each of the instant measurements,” and the aforementioned measurement results are classified into “each of the instant measurement results.”

On December 14, 2015, the Defendant confirmed that, as a result of the inspection of the emission of hydrocarbons from air emission facilities in each of the instant workplaces, B emission of hydrocarbons from 980.3 pm in the case of “B” and “C” from April 15, 2016, “the Plaintiff calculated the measurement results by falsity in violation of Article 18(1) of the Environmental Testing and Inspection Act” as to the grounds for the disposition that “the Plaintiff calculated the measurement results by falsity in violation of Article 18(1) of the Environmental Testing and Inspection Act”, the Defendant issued a disposition of suspension of business for the measuring agency business of air pollutants pursuant to Article 17(1) of the Environmental Testing Act and Article 16(1) of the Enforcement Rule of the same Act (hereinafter “instant disposition”) (hereinafter “instant disposition”).

(2) On April 26, 2016, “the validity of the instant disposition shall be suspended until this judgment is rendered” in the case of applying for the suspension of validity of the instant disposition against this Court 2016 A. 3, 4, 8, 2016. [The grounds for recognition] In the absence of dispute, Party A’s evidence Nos. 1, 2, and 1, 3, 4, 8, and 8.

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