1. The Defendant’s business suspension disposition against the Plaintiff on January 9, 2015 is revoked for three months.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff was established for the purpose of atmospheric environment management agency business, and the Plaintiff’s trade name was “Yjin Engineering Co., Ltd.,” and thereafter changed to “Yjin S&C,” respectively.

On October 27, 2009, Article 16 of the Environmental Examination and Inspection Act (hereinafter referred to as the "Environmental Examination and Inspection Act") has been registered as a standby measuring agency business, and operates a standby measuring agency business from that time.

나. 피고는 2014. 11. 26. 대기자가측정 대행업소 합동지도점검 결과, 원고가 2014. 1. 2.~1. 29. 대기자가측정 대행 시 ① 여지대장의 여지번호와 실제 여지에 기록된 번호가 일치하지 않고, 대기시료채취일지 및 분석일지에 여지번호를 기재하지 않은 점, ② 소각시설 시료 측정분석결과 산출을 함에 있어 대기오염공정시험기준(환경부고시)에 따라 먼지 측정 시 배출가스온도가 110℃±5℃ 이상이면 동일온도에서 원통형 여과지를 건조시켜야 하는데, 126~150℃임에도 건조온도를 110℃로 하여 측정결과를 부정확하게 산출한 점을 적발하였다

(B) Nos. 2 and 3, hereinafter referred to as “instant violation”).

On November 28, 2014, the Defendant: (a) deemed that the instant violation constituted “a case in which the basis of calculation of measurement results was inaccurate” under Article 16(1) [Attachment Table 10] subparagraph 4(b) of the Enforcement Rule of the Environmental Testing and Inspection Act; and (b) notified the Plaintiff that the instant violation would be subject to a disposition of business suspension for the reason of a measuring agent’s violation of the matters to be observed.

Accordingly, on December 16, 2014, the Plaintiff submitted to the Defendant a written opinion stating that “It is excessive to take a disposition of business suspension for three months pursuant to the above provision, because it is not an intentional measure of illegality.”

On December 18, 2014, the defendant asked the Minister of Environment about the provision applicable to the instant violation, and the Environmental Examination and Inspection Act on December 30, 201.