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(영문) 서울고등법원 2017.05.02 2017누34232
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be corrected;

(a) 3-4 of the judgment of the first instance court on two pages 3-4 “A business entity licensed to conduct the intermediate disposal business of wastes (food and plant)”, “A business entity licensed to conduct a comprehensive recycling business of wastes (food and plant) and which produces feed, compost, etc.”;

(b) 2 pages 5 of the first instance judgment “(3 dong”)” with “(2 dong, 3 Dong)”.

(c) At the last two pages of the first instance court ruling, the phrase “A evidence 3, B No. 2” means “A evidence 1, 3, 1, and 2”.

D. Since the four pages 3-8 of the judgment of the court of first instance are mixed with the meaning of both Acts and subordinate statutes without making it clear whether the meaning is “or” or “and” or “and”, as follows, it is not a simple literal interpretation but a comprehensive examination of the legislative intent of the relevant law and the examples of the relevant law, etc. should be made.

(See Supreme Court Decision 2010No. 62 Decided April 24, 2014). The obligation imposed on the installer and operator of waste disposal facilities under the Wastes Control Act is to prevent risks that may arise from the operation of waste disposal facilities, and thus, deeming that the above obligation should be complied with if the waste disposal facilities have reached the stage of operation of the facilities, regardless of whether they have undergone the inspection, is in line with the legislative intent of the Wastes Control Act with the aim of preventing the generation of wastes to the maximum extent possible and contributing to the qualitative improvement of environment and people’s lives by environmentally friendly disposal of generated wastes. The obligation to manage waste disposal

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