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(영문) 광주지방법원 2015.10.15 2015구합10384
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a corporation that runs a comprehensive waste recycling business with permission from the Defendant for a comprehensive waste recycling business on July 14, 1998, and with permission for modification on October 11, 2007 for recycling animal residues and fair sludge.

On January 3, 2015, the Defendant’s guidance and inspection conducted guidance and inspection (hereinafter “instant guidance and inspection”) with respect to the Plaintiff and limited liability company B (hereinafter “B”), and confirmed the goods stored in each warehouse building (hereinafter “each warehouse building of this case,” collectively referred to as “each warehouse building of this case”).

On January 27, 2015, the Defendant issued a disposition of business suspension pursuant to Articles 27(2)10 and 25(11) of the Wastes Control Act (hereinafter “instant disposition”) for six months (from March 2, 2015 to September 1, 2015) for the reason that the storage of the instant stored goods, which is a waste, was changed without obtaining permission for change, on the grounds that the storage of the instant stored goods, was made in each of the instant stored buildings that were not permitted by the Plaintiff as waste disposal facilities.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 14 and 17 (including each number; hereinafter the same shall apply), the plaintiff's assertion of the whole purport of pleading, and the plaintiff's assertion of relevant laws and regulations, but the disposition of this case should be revoked for the following reasons.

The regulations on the integrated guidance and inspection with respect to environmental pollutant emission facilities, etc. that violate the regulations on the integrated guidance and inspection with respect to environmental pollutant emission facilities, etc. shall be presented to the guidance and inspection official by clarifying the purpose and matters to be inspected, indicating his/her identification card, and as a result of the guidance

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