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(영문) 부산지방법원 2014.02.20 2013구합1936
수질초과배출부과금 부과처분취소
Text

1. The Defendant: (a) on February 21, 2013, KRW 12,790,020, the water quality excess effluent charges imposed on the Plaintiff Company A; and (b) the Plaintiff.

Reasons

1. Details of the disposition;

A. F cooperatives and plaintiffs' status 1) F cooperatives (hereinafter "the instant cooperatives")

) The Plaintiff is a cooperative established on November 22, 1985 with its members, consisting of leather processing companies located in the G H industry complex located in Busan H industry complex. 2) In the I complex, 78 companies are located in the I Complex, such as leather, fishing, fishing, silent, fluoral meat, fishery products processing, etc. However, only 43 companies located in the land owner or lessor, and the rest of the lessee are not admitted to the Association.

3) The instant association is a joint prevention facility for the joint treatment of leather and processed wastewater discharged by its members and the aforementioned lessee (hereinafter “instant joint prevention facility”).

4) The Plaintiffs are members of the instant association, and the rest of the Plaintiffs are non-members, who rent a factory and engage in the leather manufacturing industry. The rest of the Plaintiffs are non-members of the instant association, as they are producers of leather products located in the I complex in the Gangseo-gu Busan Metropolitan Government Environmental Management Corporation.

B. On April 2, 2010, Busan Metropolitan City Public Health and Environment Research Institute (1) found the Defendant to be the result of the test and analysis of the samples of discharged water taken on March 24, 2010 from the joint prevention facilities of this case (hereinafter “the result of the test and analysis of this case”).

T-N (total nitrogen in water quality) as water pollutants is 285.60 g/liter, T-P (total in water quality) is detected by 9.216 g/liter, and water quality and aquatic ecosystems conservation Act (hereinafter “Water Quality Conservation Act”).

() Article 32(1) of the Enforcement Rule of the same Act and Article 34 [Attachment Table 13] of the same Act notified that the total nitrogen 60mg/liter, total 8mg/liter, respectively, exceeded the permissible discharge standards. (2) The Defendant, upon prior notice of disposition on April 5, 2010, shall have joint prevention facilities in the instant association on April 7, 2010.

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