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(영문) 울산지방법원 2019.06.20 2017구합7461
조치명령
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 is a person licensed to conduct a comprehensive waste recycling business under the Wastes Control Act and a construction waste interim disposal business under the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”).

B. In accordance with Articles 8 and 48 of the Wastes Control Act, the Defendant, on December 19, 2017, stated that the Plaintiff stated “G” in the Ulsan-gun Bri (hereinafter referred to as “Bri”) in Ulsan-gun (hereinafter referred to as “Bri”), C, D (4,600 tons), and E’s disposition order (Evidence A1) that is not waste disposal facilities, but appears to be an obvious clerical error in the E’s “E.”

An order to take measures (hereinafter referred to as “instant disposal”) to legally dispose of commercial wastes (18,400 tons) buried in F (13,800 tons) (hereinafter referred to as “instant wastes”) by January 5, 2018 and submit a report on completion of performance (hereinafter referred to as “instant disposal”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 4(1)3(a) and (c) of the Enforcement Decree of the Construction Waste Act provides that construction sludge shall be used as one of the recycling purposes to fill up for construction works authorized and permitted pursuant to Article 13(1) of the Construction Waste Act or to fill up for farmland improvement under subparagraph 2 of Article 3-2 of the Enforcement Decree of the Farmland Act. According to Article 4-2(2), (3) [Attachment Table 4-2], and [Attachment Table 4-3] of the Enforcement Rule of the Wastes Control Act, construction sludge or stone aggregate wastewater treatment sludge is used for filling up for public works and construction works (R-7-1) or filled up for farmland (R-7-6) or for recycling purposes.

According to the above provisions, E is the site of civil and construction works for which the Plaintiff has obtained authorization or permission for the instant wastes corresponding to construction sewage or stone aggregate wastewater treatment sewage.

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