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(영문) 광주지방법원 2018.12.20 2018구합12732
영업정지처분취소
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 was established on June 11, 2012 and runs a domestic waste collection and transportation business, food waste disposal business, etc.

B. On August 31, 2018, the Defendant: (a) maintained and managed waste disposal facilities in breach of the management standards set forth in Article 31(1) of the Wastes Control Act; and (b) taken a disposition of business suspension for one month for the reason that the Plaintiff contaminated water and its surrounding environment (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 4 through 7, the purport of the whole pleadings

2. The plaintiff's assertion was made by mistake of facts in making the disposition of this case, and it was made by force majeure, but the disposition of this case was made by force majeure, and thus, it exceeded and abused discretionary power.

3. Determination

(1) The Acts and subordinate statutes related to the dispositions in this case are as follows. (2) If a waste treatment business operator falls under any of the following subparagraphs, the Minister of Environment or the Mayor/Do Governor may revoke his/her permission or order the suspension of all or part of his/her business for a fixed period not exceeding six months:

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