1. The Defendant’s warning disposition against the Plaintiff on June 30, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

The plaintiff is a Class 4 business place specified in attached Table 13 of the Enforcement Decree of the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter referred to as the "Water Quality and Ecosystem Conservation Act"), which is established for the purpose of manufacturing and selling food, food export business, etc.

On May 30, 2016, the Joint Inspection Group of Bocheon-si and Seocheon-gun confirmed the fact that the wastewater discharged from the business site for the operation of wastewater discharge facilities and water pollution prevention facilities prepared by the Plaintiff was stated in the column of 201.2 cubic meters of Jan. 19, 2016, the 202.5 cubic meters of Jan. 23, 2016, and the 201.21 cubic meters of Feb. 23, 2016, and notified the Defendant thereof.

Accordingly, on June 30, 2016, the Defendant issued a warning disposition on the ground that the Plaintiff violated Article 33(3) of the Water Quality Ecosystem Act by failing to report the change of the type of the place of business into the Class 3 place of business due to the increase of wastewater discharged to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, and the purport of the entire argument as to the legitimacy of the disposition of this case as to the purport of the whole argument, the plaintiff's act of business is divided into the size of wastewater discharged per day, and the amount of wastewater discharged by the plaintiff shall be calculated according to the formula prescribed in [Attachment Table 13] and paragraph (2). If the amount of wastewater discharged by the plaintiff is calculated according to the above formula, it does not exceed 200 cubic meters per day, and it does not belong to the third class business.

Therefore, the instant disposition based on the premise that wastewater discharged by the Plaintiff is subject to a change to a third-class workplace is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The Enforcement Decree of the Water Quality Ecosystem Act (attached Table 13) shall classify the kinds of business places from Class I to Class V business places in the scale of wastewater discharged a day, and the quantity of wastewater discharged in the formula of calculating wastewater discharged a non-high level under paragraph (2) = the quantity of water used.