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(영문) 대구지방법원 2015.06.03 2015구합21041
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. The Plaintiff (former B) is a company that runs a comprehensive waste recycling business in Sung-gun, Sung-gun, Sung-do.

B. On June 27, 2014, the Defendant issued an order to the Plaintiff (mutual name B) to complete waste treatment within 30 days (30 days from June 30, 2014 to August 29, 2014) after the suspension of business pursuant to Article 39-3 of the Wastes Control Act, on the grounds that the waste storage period prescribed in Article 25(9) of the Wastes Control Act, Article 31(1)4 of the Enforcement Rule of the same Act, the attached Table 8 of Article 32 of the Enforcement Rule of the same Act (the waste storage period exceeds 30 days) and the violation of the matters to be observed (the storage period other than the permitted storage facilities).

C. On September 26, 2014, the Plaintiff (former B) requested the Defendant to extend the disposal period of the waste disposal order. On September 30, 2014, the Defendant accepted the request and extended the waste disposal period by October 31, 2014.

However, the Plaintiff failed to complete waste disposal until the above period.

In accordance with Article 27 of the Wastes Control Act on December 10, 2014, the Defendant issued a prior notice procedure to the Plaintiff for the suspension of business (from December 15, 2014 to March 14, 2015) as follows; however, on December 15, 2014, the Defendant accepted the Plaintiff’s opinion that changed the period of business suspension and changed the period of business suspension to three months (from December 29, 2014 to March 28, 2015) ex officio (hereinafter “instant disposition”).

1. Date of violation: November 3, 2014;

(a) Failing to comply with an order issued to waste treatment business entities, etc. (Article 39-3 of the Wastes Control Act);

3. Facilities: Entrusted wastes (comprehensive waste recycling business).

4. Measures: The proper treatment of pested materials kept during the period of business suspension; and

5. Suspension of disposal period: The appropriate disposal of wastes kept from December 15, 2014 to March 14, 2015 (three months): From December 15, 2014 to December 15, 2014.

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