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(영문) 인천지방법원 2020.09.22 2019구단51519
영업정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is running the business of collecting and transporting industrial wastes (animal residues) under the trade name “C” in Gyeyang-gu, Incheon with the permission of the waste collection and transportation business from the Defendant.

B. On April 29, 2019 and June 5, 2019, the Plaintiff controlled the violation of the Wastes Control Act (non-approval temporary storage) to the Gyeonggi-do Special Judicial Police Group for Residents (non-approval temporary storage). The Gyeonggi-do Governor notified the Defendant of the fact on August 6, 2019.

C. Accordingly, on October 25, 2019, the Defendant: (a) applied Article 27(2) Subparagraph 8 of the former Wastes Control Act (amended by Act No. 16614, Nov. 26, 2019; hereinafter the same shall apply) (Article 27(9) Subparagraph 1 of the former Wastes Control Act (amended by Act No. 16614, Nov. 26, 2019; hereinafter the same shall apply) with respect to the storage of wastes to the Plaintiff on a temporary storage facility without approval (including D and two parcels) upon prior notification; (b) applied Article 27(2) Subparagraph 8 (Article 27(9) of the former Wastes Control Act (amended by Act No. 16614, Oct. 26, 2019; and (c) the Defendant revised the same during the proceeding of this lawsuit) to “business suspension for one month”; (d) re-entrusted the Plaintiff with a total amount of 385 tons of waste transport [2. 10 to 20, 197.

The Plaintiff filed an administrative appeal against the instant disposition, but the Incheon Metropolitan City Administrative Appeals Commission dismissed the said claim on December 23, 2019 (the part concerning the suspension of business) and dismissed (the part concerning the administrative fine).

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