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(영문) 전주지방법원 2016.02.03 2015구합1950
음식물류 폐기물 사업장 반입금지처분 등 취소 청구의 소
Text

1. The Defendant’s disposition prohibiting the Plaintiff from bringing in food waste places of business with respect to the Plaintiff on August 10, 2015, and on September 10, 2015.

Reasons

1. Details of the disposition;

A. Natural biogas Co., Ltd. has been running a waste disposal and recycling business after completing a waste disposal report on January 29, 2007. On September 2013, the Plaintiff succeeded to the rights and obligations arising from the above waste disposal report from natural ambane Co., Ltd., and on November 20, 2013, after obtaining a license for a comprehensive waste recycling business pursuant to Article 25(3) of the Wastes Control Act by treating the wastes subject to business as “organic sludge, excreta treatment sludge, vegetable residues, etc.” from the Defendant as “organic excreta, excreta treatment sludge, vegetable residues residues, etc.,” and produced organic fertilizers by recycling them.

B. As the Enforcement Rule of the Wastes Control Act was partially amended by Ordinance of the Ministry of Environment No. 595 on March 3, 2015, Article 2-2 and [Attachment Table 4] setting the classification numbers by type of workplace wastes was modified as follows:

(hereinafter referred to as the "Enforcement Rule of the Wastes Control Act" before the amendment, and the amended Enforcement Rule of the Wastes Control Act (hereinafter referred to as the "Enforcement Rule of the amended Enforcement Rule"). Article 2-2 (Classification Number of Industrial Wastes) of the former Enforcement Rule is as specified in attached Table 4.

[Attachment 4] The classification number by type of industrial wastes (related to Article 2-2) 51-17-00 East and plant residues (including residuess generated in the process of manufacturing, cooking, processing, or manufacturing, distributing, and using food materials and ingredients) 51-17-01 animal carcasses 51-17-17-02 animal residues 51-17-03 plant residuess 51-17-03 plant wastes classification number by type of industrial wastes are as specified in attached Table 4.

[Attachment 4] The classification number by type of industrial wastes (related to Article 2-2) 51-17-00 East and plant residues (including residuess generated in food and beverage manufacturing business, etc., but excluding food wastes) 51-17-01 animal carcasses of 51-17-01 animal carcasses of 51-17-02 animal residues 51-17-03 plant residues and food wastes of 51-38-00.

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