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(영문) 광주지방법원 2015.10.15 2015구합10346
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 14, 2008, the Plaintiff et al. is a corporation that runs a comprehensive waste recycling business with a license for a comprehensive waste recycling business with the content that the Plaintiff is subject to waste disposal on September 14, 2010 with a license for a comprehensive waste recycling business, and the Plaintiff et al. is a corporation that runs a comprehensive waste recycling business with a license for a comprehensive waste recycling business with a license for a comprehensive waste recycling business on July 14, 1998.

B. On November 24, 2014, the Defendant: (a) conducted guidance and inspection with respect to the Plaintiff and B (hereinafter “instant guidance and inspection”); and (b) determined that the goods, which flown out of the water from the water surface into the ground surface of Yong-nam Cancer C (hereinafter “instant land”) was the wastes produced by the Plaintiff.

C. According to the result of the instant guidance and inspection, the Defendant’s business suspension disposition: (a) on January 26, 2015, the Plaintiff contaminated the surrounding environment by discharging waste water through a cleaning agent’s cleaning and discharging part of the night water into a neighboring waterway by rainwater, etc.; and (b) on the ground that the Defendant violated Article 13(1) of the Wastes Control Act and Article 7(1)2 of the Enforcement Decree of the Wastes Control Act; (c) pursuant to Article 27(2)2 and Article 60 of the Wastes Control Act; and (d) [Attachment 21] subparagraph 2(a) of the Enforcement Rule of the Wastes Control Act, Article 83(1) [Attachment 21] 2(b) of the Enforcement Rule of the Wastes Control Act (from February 2, 2015 to March 1, 2015).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 4, 5, 6, 11, 13 (including each number; hereinafter the same shall apply)

each entry and image of the Commission;

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

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