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(영문) 부산고등법원(창원) 2019.01.09 2018누11428
영업소폐쇄처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells heavy equipment parts at the window B of Changwon-si located within the area where the installation of wastewater discharge facilities is restricted under Article 33(6) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 14532, Jan. 17, 2017; hereinafter “Water Quality and Ecosystem Conservation Act”).

The Plaintiff, at the location of the instant case, installed 9 NC Line 9 and 12 machine learning centers (hereinafter “instant facilities”) and operated the instant facilities using the receptored water so that wastewater can be discharged.

B. On March 23, 2016, the Changwon District Prosecutors’ Office confirmed that the Plaintiff installed and operated the instant facilities, which are wastewater discharge facilities, without obtaining permission in the area where the installation of wastewater discharge facilities is restricted, on the grounds that the Plaintiff violated the Water Quality Ecosystem Act, as stated in attached Form 1, on May 30, 2016.

[A summary order case against the Plaintiff in violation of the Water Quality and Aquatic Ecosystem Conservation Act is being tried by the Plaintiff’s request for formal trial, and both the first instance court (the Changwon District Court 2016Da618) and the appellate court (the Changwon District Court 2017No254) have been convicted, and a fine of KRW 2 million was imposed, and the Plaintiff’s appeal is currently pending in the final appeal (Supreme Court 2017Do20147).

After undergoing the hearing on July 28, 2016, the Defendant issued a disposition to close the instant facility without permission (hereinafter “instant disposition”) on July 29, 2016 by violating Article 33(1) and (5) of the Water Quality Conservation and Ecosystem Act, on the ground that the relevant provisions of law were applied to the Plaintiff.

On May 16, 2018, there are Articles 42 and 44 of the Water Quality Ecosystem Act that allows the Defendant to issue an order of closure under the Water Quality and Ecosystem Act at the fifth date for pleading, and the instant disposition is either of the two.

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