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(영문) 서울고등법원 2016.04.14 2015누57033
재활용부과금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff is a manufacturer obligated to recycle under Article 16 of the former Act on the Promotion of Saving and Recycling of Resources (amended by Act No. 11788, May 22, 2013; hereinafter “Resources Recycling Act”) and is a manufacturer obligated to recycle under Article 38(2) of the Resources Recycling Act and Article 48(3)18 of the Enforcement Decree of the same Act, who produces and sells alcoholic beverages, such as mings and hairs, and is entrusted by the Minister of Environment with the duties of calculating and imposing recycling dues and issuing notices.

B. On December 8, 2014, the Defendant imposed a recycling dues of KRW 46,380,960 ( KRW 38,093,150 of PET disease in color lute materials, KRW 8,287,810) on the Plaintiff on the ground that the Plaintiff failed to perform his/her duty to recycle PET disease 95,28kg and PET disease 27,399kg in color lusent material (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of evidence A9, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff entrusted the recycling of PE disease to a limited company A (hereinafter “A”), thereby performing the Plaintiff’s obligation to recycle in 2012, and thus, the instant disposition was unlawful on the ground that the Plaintiff failed to perform the obligation to recycle.

(b) Attached to relevant Acts and subordinate statutes;

C. In light of the following circumstances, it is reasonable to view that the Plaintiff did not perform the obligation to recycle in the year 2012, on the grounds that the respective descriptions of the evidence Nos. 8, 18, and 1 through 3 were comprehensively considered in light of the overall purport of the pleadings. Accordingly, the instant disposition on the grounds therefor is lawful.

1. Article 18 of the Resource Recycling Act and Articles 24 through 26 of the Enforcement Decree of the same Act, and the producer obligated to recycle shall meet the plan for the relevant year.

1. By no later than 31. It shall submit to the Minister of Environment for approval and obtain approval.

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