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(영문) 전주지방법원 2016.10.27 2016구합60
영업정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 16, 2002, the Plaintiff was a corporation established for the purpose of standing timber business, construction waste interim disposal business, construction waste recycling business, etc., and the Plaintiff engaged in recycling business on December 15, 2005, with a license for interim and final recycling business from the Defendant, and on December 15, 2005, on the land outside of 390-3, YY-ri, YY-ri, and one parcel of land (hereinafter “instant business”).

B. On July 25, 2014, the Defendant: (a) received a civil petition from a neighboring resident of the instant place of business for the occurrence of pollution damage due to malodor generated in the process of waste treatment; and (b) conducted the on-site inspection of the instant place of business; and (c) confirmed that the Plaintiff stored organic sludge in the instant place of business without recycling it according to the recycling purpose and method of waste.

C. Accordingly, on September 1, 2014, the Defendant issued an administrative disposition following the prior notice of disposition to the Plaintiff.

Violations: Violation of recycling methods of wastes and improper storage of wastes (violation of Article 13-2 of the Wastes Control Act): Measures to be taken for waste recycling facilities and waste storage facilities - Change to recycling methods that meet the provisions of attached Table 5-2 of the Enforcement Rule of the Wastes Control Act - Suspension of carrying in wastes as organic sludge until the improvement is completed to facilities that meet the provisions of the provisions of attached Table 5-2 of the Enforcement Rule of the Wastes Control Act - The appropriate disposal period of wastes generated from improper disposal of wastes (presumed 38,764 tons) - The appropriate disposal period for treating wastes, such as water pollution and water pollutants

D. On September 4, 2014, the Defendant issued a disposition of suspension of business with the following content upon receipt of the prior notice of disposition.

Violations of the details of violations (violations) disposal and management standards for waste disposal facilities (the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015; the same shall also apply hereinafter).

Article 31) Article 31 of the Act provides for a period of business suspension from September 5, 2014 to October 4, 2014.

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