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(영문) 부산고등법원 (창원) 2018.06.05 2017누11643
폐기물 제거명령 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. Article 2 Subparag. 1 of the Wastes Control Act provides that "waste means any substance that has become unnecessary for human life or business activities, such as garbage, burning, sludge, waste oil, waste acid, waste eggs, and animal carcasses," the fourth through the 21st through the 20th class 7th class 10th class (hereinafter referred to as "decision on the assertion that is a statutory error") of the first instance judgment, and the second class 10 through the 20th class 7th class 10 class (hereinafter referred to as "the second class judgment on the assertion that is a statutory error"), and that "waste" means any substance that has become unnecessary for human life or business activities. Thus, even if such substance is supplied as a raw material, it shall not lose its nature as a waste solely on the ground that it is supplied as a raw material for recycling, it is not objectively necessary for a person to be provided with a finished product to be recorded in the 20th class 20th class 1, 2010 through the 20th class 26th class 1, etc. of the judgment.

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