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(영문) 수원지방법원 2015.06.04 2014구합53231
과징금부과처분취소 등
Text

1. The Defendant’s business suspension against the Plaintiff on March 12, 2014 on the ground of the violation of the medical waste storage place is three months.

Reasons

1. Details of the disposition;

A. On February 14, 2004, the Plaintiff is a waste disposal business entity that received a license for an intermediate waste disposal business from the Defendant and disposes of medical waste generated from sick sources upon being entrusted with the business.

B. As a result of guidance and inspection of the Plaintiff’s place of business on February 10, 2014, the Defendant: (a) stored tissue logistics wastes from among the medical wastes entrusted by the hospital at the outside wall of the building of the 1st incineration facility even though the Plaintiff stored them at an exclusive air conditioner facility; (b) discovered the fact that the disposal period exceeds 69 days; (c) discovered the fact that the medical wastes are stored in the outside wall of the building of the 1st incineration facility; and (d) on March 12, 2014, the Plaintiff on March 13, 2014, Article 14 [Attachment 5] of the Enforcement Rule of the Act

5.(c)

2) A) On the ground of a violation of Article 28 or 60 of the Act, a penalty surcharge of KRW 50,000,000, which is substituted for the three-month period of business suspension under Article 28 or 60 of the Act (hereinafter “instant first disposition”) was imposed on the grounds of a violation of Article 25(9) of the Act and Article 31(1)6 of the Enforcement Rule of the Act, which is substituted for the three-month period of business suspension under Article 28 or 60 of the Act (hereinafter “instant second disposition”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers for those with additional numbers), Eul evidence Nos. 1, 4 through 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was around February 8, 2014, and from February 8, 2014 to the date of the inspection, the Plaintiff discontinued the operation of one set of the two incineration facilities during the period of the two incineration facilities due to lack of medical wastes. In the process of moving the tissue and logistics wastes being stored in the cooling warehouse of the first set of the first set of the period to the second set of the two parts of the building, the Plaintiff was trying to store them continuously and continuously, on the side of the outer wall of the first set of the building.

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