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(영문) 부산고등법원 2015.01.16 2014누441
영업정지처분취소 등
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: 6.3 to 7, 9, 10 to 10, 14, 8, and 17 of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance; 6.3 to 6.7, 9, 10 to 10, 14, 8, and 17 of the judgment of the court of first instance are as stated in the part of the judgment of the court of first instance, except for addition of the following determination

2. Additional determination

A. On November 24, 2011, the public officials belonging to the Defendant (1) presented identification cards at the Plaintiff’s workplace, and notified that they are public officials of the Plaintiff’s workplace of the purpose of collecting samples (hereinafter “instant samples”) on November 24, 201; Article 68(3) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 11979, Jul. 30, 2013; hereinafter “former Water Quality Ecosystem Conservation Act”); Article 11(2) and (3) of the former Regulations on Integrated Guidance for Environmental Pollutants Discharge Facilities (amended by Ordinance of the Ministry of Environment No. 928, Dec. 17, 2010; effective January 1, 2011); and thereafter, conducted an inspection on the collection of samples at the Plaintiff’s workplace without the Plaintiff’s identification card being present; and conducted the inspection on the collection without the Plaintiff’s workplace’s visit.

(2) A public official belonging to the Defendant violated the former Water Pollution Test Standards (amended by the Ministry of Environment Notice No. 201-103, Jun. 22, 2011; hereinafter referred to as the “former Test Standards”) at the time of collecting the sample, the Defendant’s public official failed to observe the sample at least three times, despite that the sample samples were used as samples, and at any time, the sample samples should not be disturbed at any time.

(3) The instant samples are to collect wastewater discharged during the operation of the Plaintiff’s workplace.

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