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(영문) 부산지방법원 2020.02.05 2019구단20918
영업정지처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On May 9, 2013, Plaintiff A Co., Ltd.; B Co., Ltd. on August 16, 2017; C Co., Ltd. on June 19, 2015, after registering measuring agency business in the atmosphere to the Defendant, it has run a business of measuring air pollutants under the Clean Air Conservation Act as an agent.

B. On January 30, 2019, the Board of Audit and Inspection requested a local government including the Defendant (hereinafter “Defendant, etc.”) to submit the current status of an agency measuring and registering air pollutants under its jurisdiction, the current status of technical human resources in each field, the status of technical human resources in measuring agency and measuring agency in the atmosphere for the purpose of auditing “related to the current status and performance of measuring agency in the atmosphere.”

The defendant submitted data relating to the Board of Audit and Inspection in February 2019.

On March 5, 2019, the Board of Audit and Inspection again requested the defendant, etc. to submit data such as the current status of the contract for self-measurement agency in the atmosphere, and the defendant submitted the relevant data to the Board of Audit and Inspection on March 14, 2019.

(c)The Board of Audit and Inspection shall secure data submitted by the defendant, etc. and tax invoices for the purchase and sale of each measuring agency by the National Tax Service, and analyze data on the agency performance of each measuring agency in the atmosphere.

As a result, ① the measuring agency has omitted and submitted the measurement agency performance results; ② the same person has been measured at several places at the same time; ③ the number of measuring devices measured by one measuring team is excessive compared to the time of movement, items for measurement, etc., and ④ the selection of 40 measuring agency businesses suspected of false issuance of the measuring agency record book.

From April 1, 2019 to April 15, 2019, the Board of Audit and Inspection inspected the proper issuance of atmosphere measurement records and the performance of measurement for the period of business suspension, accompanied by local government guidance and inspection officials and local government officials. As a result, it discussed the Ministry of Environment and improvement measures.

E. The Minister of Environment, after consultation with the Board of Audit and Inspection, actually stated the Defendant on June 27, 2019.

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