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(영문) 대전고등법원(청주) 2019.03.27 2018누1283
폐기물처리업 허가취소 처분 취소청구의 소
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 judgment of the court of first instance cited by the court of first instance is that of the court of first instance, with the exception of the following '2. height of order', and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42

(The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court. If evidence submitted to the first instance court and evidence submitted to this court are examined, the fact-finding and decision in the first instance is just and there are no errors as alleged in the grounds for appeal by the plaintiff). 2. The second instance portion is dismissed.

A. According to the final and conclusive judgment related to the portion of the criminal judgment in question upon the final and conclusive judgment related to the judgment of the court of first instance, "the relevant criminal case of this case" was deleted in the Cheongju District Court 2017 Goju District Court 867, 2017 Godan1438 (Merger) and "the above judgment is in progress as Supreme Court 2018Do1268 at present, Supreme Court 2018Do1268, Dec. 28, 2018, and each final and conclusive judgment became final and conclusive (hereinafter collectively referred to as "related criminal case of this case"), and "the first sentence of this case" was pronounced as "the first sentence of subparagraph 14, which was declared as "the first sentence after obtaining additional evidence 7," and "the first sentence of subparagraph 14," respectively.

B. In addition, the part of the judgment of the first instance in height is deemed to be “the substance of this case” as “the substance supplied to nearby farmland, etc. in the Plaintiff’s factory (hereinafter “the substance of this case”), “Guri 921.05/km” in the 10th part “Guri 921.05 g/km” and “Guri 921.05 g/km” in the 11st part part “4 of July 27, 2018”, respectively.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and thus, the plaintiff is legitimate.

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