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(영문) 광주고등법원 2018.12.20 2018누5429
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the court of first instance except for the modification of the corresponding part of the judgment

Part to be amended shall be deleted in the last page of section 2.

The 4th parallel 14th parallels to 18th parallels are as follows:

A construction waste disposal business license shall be granted only to a person equipped with facilities, equipment, technical capacity, capital, location of a place of business, etc. of a certain standard (Article 21). In general, construction waste disposal business license shall be discharged, collected, transported, stored, and interim disposal (hereinafter referred to as “disposal”).

The fact that the standards and methods of construction waste disposal are strictly prescribed (Article 13(1)); the fact that when a construction waste discharger intends to entrust a construction waste disposal business operator with the disposal of construction waste, the trustee is required to verify whether the trustee has the ability to dispose of construction waste in compliance with the standards under Article 13(1); the fact that the trustee gives and receives each other a written contract clearly stating the type of waste, the amount and amount of consignment, service amount, service period, the trade name, location, representative, etc. of the trustee of the construction waste disposal services, and keep the construction waste disposal services for three years (Article 16 and Articles 8-2 and 12 of the Enforcement Decree of the same Act); when he/she is entrusted with the disposal of construction waste, the fact that the Minister of Environment entrusts the waste disposal business operator with the disposal of construction waste (Article 21(7)3 of this Decree; Article 13 subparag. 4 of the Enforcement Decree of the same Act); the fact that the interim disposal business operator has the interim disposal business operator evaluates his/her ability to perform the disposal of construction waste so that is qualified;

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