logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.11.17 2016구합763
폐기물관리법위반에 따른 행정처분(영업정지 6월과 조치명령 2월)취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 16, 2002, the Plaintiff was a corporation established for the purpose of standing timber business, construction waste interim disposal business, construction waste recycling business, etc., and on December 15, 2005, the Plaintiff operated recycling business on the land outside 390-3, and one parcel (hereinafter “instant business”).

B. On July 25, 2014, the Defendant: (a) received a civil petition from a neighboring resident of the instant place of business for the occurrence of pollution damage due to malodor generated in the process of waste treatment; and (b) conducted the on-site inspection of the instant place of business; and (c) confirmed that the Plaintiff stored organic sludge in the instant place of business without recycling it according to the recycling purpose and method of waste.

C. Accordingly, on September 1, 2014, the Defendant issued an administrative disposition (measures Order) with the following content to the Plaintiff via the prior notice of disposition.

Violations: Violation of methods of recycling wastes and improper storage of wastes (violation of Article 13-2 of the Wastes Control Act): Matters concerning measures to be taken for waste recycling facilities and waste storage facilities are as specified in attached Form 1.

Period of disposition: Until August 31, 2015

D. On December 30, 2015, the Defendant issued an administrative disposition of the same content as the administrative disposition (measures) on September 1, 2014, on the ground that the Plaintiff violated an order to take measures against waste treatment as follows, as well as three months of business suspension (from January 1, 2016 to March 31, 2016) pursuant to Article 60 of the Wastes Control Act.

Date and time of violation: Violation on October 26, 2015 (14:10): Violation of an order to take measures for waste treatment (violation of Article 48 of the Wastes Control Act): Facilities subject to violation of an order to take measures for waste recycling facilities and waste storage facilities are as specified in attached Form 1.

Period of disposition: Two months (from January 1, 2016 to February 29, 2016)

E. On April 1, 2016, the Defendant issued an order to take measures regarding waste treatment to the Plaintiff as follows:

arrow