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(영문) 부산지방법원 2019.08.23 2018구합24767
폐쇄명령 처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From November 25, 1979, the Plaintiff operated the automobile parts manufacturing factory (hereinafter “instant factory”) with the trade name “C” in Busan East-gu D.

On October 10, 2018, the Defendant received a civil petition from the neighboring residents of the instant plant that the occurrence of sewage hole malodor, hot spring spring, etc. is likely to cause environmental damage, and confirmed on the site of the instant plant on October 15, 2018. As a result, the Plaintiff confirmed that the instant plant was installed and operated without filing a report thereon with the competent authority, while the Plaintiff installed and operated the instant plant on the ground that the capacity of the facilities storing the water reservoir, which store and reuses drinking water in circulation within six parts of CNC Line (hereinafter “instant facilities”) installed and operated in the instant plant, exceeds the maximum capacity of 0.317 square meters per day, and exceeds 0.1 square meters of waste water supply under the Water Environment Conservation Act, the Plaintiff installed and operated the instant facilities without filing a report with the competent authority.

On October 17, 2018, the Defendant notified the Plaintiff of the prior disposition that “the Plaintiff shall hold a hearing on November 2, 2018 in order to issue an order to close down the wastewater discharge facility without filing a report on the installation and operation of the Plaintiff’s non-reported wastewater discharge facility in violation of Article 33(1) of the Water Environment Conservation Act,” and issued an order to close the instant facility against the Plaintiff pursuant to Article 44 of the Water Environment Conservation Act on the ground that the Plaintiff’s construction of the instant facility without filing a report thereon with the competent authority on November 8, 2018, which is a metal processing product manufacturing facility that discharges wastewater that does not include specific substances harmful to water quality and heavy metal, violated Article 33(1) of the Water Environment Conservation Act.

(hereinafter “instant disposition”). In addition, on October 16, 2018, the Defendant filed an accusation against A, the representative of the Plaintiff, against the head of the Busan East Coast Guard as a violation of the Water Environment Conservation Act. The Busan District Prosecutors’ Office against A on November 12, 2018.

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