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(영문) 서울행정법원 2016.12.22 2016구합74583
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff acquired construction waste disposal facilities located in 3,659m2 (hereinafter “instant land”) of 3,657m2 in Gangseo-gu, Gangseo-gu, Seoul (hereinafter “Seoul”), Gangseo-gu, Seoul, and succeeded to the rights and obligations arising from the construction waste interim disposal business license pursuant to Article 31 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), and was accepted on April 10, 2015 by reporting the succession of the rights and obligations in the interim construction waste disposal business to the Defendant.

B. On the other hand, on February 25, 2015, the large-scale environment was issued an administrative disposition ordering the Defendant to remove construction waste exceeding the storage quantity originally permitted by the Defendant (18,000 tons) by April 30, 2015, for the reason that construction waste in excess of the storage quantity originally permitted by the Defendant is stored outside the place of business.

C. On April 10, 2015, at the time of accepting the report on succession to the above rights and obligations, the Plaintiff notified the Plaintiff, who succeeded to the rights and obligations of the large-day environment from the Defendant, that the order of release as stated in the foregoing Paragraph (b) applies to the large-day environment, and was extended from the Defendant until June 25, 2015 by requesting the postponement of the time limit.

On April 12, 2016, the Defendant imposed a penalty surcharge of KRW 10 million in lieu of the business suspension month pursuant to Article 26, Article 25(2)2, Article 66(1)1, and Article 13(1) of the Construction Waste Act on the ground that the waste storage outside the storage place was outside the storage place (hereinafter “instant primary disposition”), and notified the Plaintiff that he/she will take out the wastes stored outside the storage place by June 30, 2016, and that he/she will be subject to aggravated punishment (3 months of business suspension) if the same violation is discovered within one year.

E. Article 25 of the Construction Waste Act is applicable to the Plaintiff on August 19, 2016 on the ground that the waste storage place was outside the storage place.

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