1. The Defendant’s 30-day suspension of operation against the Plaintiff on February 14, 2019 (from March 4, 2019 to April 2, 2019) shall be revoked.

2...

1. Summary of disposition;

A. The Plaintiff is a corporation that was established in the Hanam-gun B on March 31, 1990 and operates a factory manufacturing ready-mixed mixed with cement on sand, gravel, water, etc.

B. On February 14, 2019, the Defendant issued a 30-day suspension of operation (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff, on October 5, 2018, installed pumps and headings capable of transporting wastewater without permission, moved wastewater generated from the second in the mixing of ready-mixed vehicles into the mixing of ready-mixed vehicles. The Defendant improper operation of wastewater discharge facilities and preventive facilities, thereby violating Article 38(1)2 of the Water Environment Conservation Act.”

C. On January 30, 2019, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. However, on January 30, 2019, the judgment dismissing the Plaintiff’s claim was issued.

[Ground of recognition] Facts without dispute, Gap evidence 1, 11, Eul evidence 1 through 7, 10 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The disposition of this case, based on the premise that the plaintiff discharged water-quality pollutants without going through the final outlet or installed facilities capable of discharging wastewater without going through the final outlet, was unlawful, in light of the following: (a) the plaintiff asserted that the storm was caused by typhoon at the time of this case; and (b) the point that the drain pump did not operate due to the occurrence of the malfunction of electric power equipment; and (c) it was highly likely that the wastewater discharged from the processed nuclear water; and (d) the plaintiff transferred wastewater to the ready-mixed vehicle to prevent the outflow of wastewater; and (e) it was merely done for urgent temporary necessity on the premise of wastewater treatment; and (e) it was not for the purpose of discharging wastewater without permission.

B. (1) The sanctions imposed on violations of administrative laws are sanctions based on the objective facts of violations of administrative laws and regulations in order to achieve administrative purposes.