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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that obtained permission from the Defendant for a comprehensive waste recycling business that uses wastes subject to business as food wastes (95 tons/day).
B. On November 16, 2015, the Defendant issued a disposition of business suspension for one month (from November 26, 2015 to December 25, 2015) pursuant to Article 25(9), Article 27(2)8, and Article 60 of the Wastes Control Act, and Article 31(1)4 of the Enforcement Rule of the same Act, on the grounds that the Plaintiff stored wastes beyond the waste storage period (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including each number), the purport of the whole pleadings
2. As to this part of the Plaintiff’s assertion, this court’s explanation is identical to the corresponding part of the judgment of the court of first instance (from 16th to 15th, the second to 16th, the second to 15th). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
3. We examine the legitimacy of the instant lawsuit ex officio.
A. According to Articles 27(2)8 and 60 of the Wastes Control Act, the Minister of Environment or a Mayor/Do Governor may revoke permission or order a waste disposal business operator to suspend all or part of his/her business for a fixed period not exceeding six months, and the standards for administrative disposition shall be prescribed by Ordinance of the Ministry of Environment. Article 83(1) of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 637, Jan. 21, 2016) provides that “The criteria for administrative disposition under Article 60 of the Act are as specified in attached Table 21] subparagraph 1(b) and 2(a)12(a) of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 637, Jan. 21, 2016).”