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(영문) 대전고등법원(청주) 2020.04.29 2019누2238
영업정지처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the judgment of the court of first instance as to this case is as follows, and the part of "the judgment of the court of first instance from 7th to 7th 9th " of the court of first instance as follows, and it is identical to the reasoning for the judgment of the court of first instance except for the addition of the relevant Acts and subordinate statutes attached to this judgment to the relevant Acts and subordinate statutes attached to this judgment, and therefore, it shall be quoted pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part which was used by the court of first instance as mentioned in the relevant Acts and subordinate statutes and subordinate statutes related to the judgment, and the reasons for the above disposition, as well as the reasons for the above disposition, and the following circumstances revealed through the whole entries in subparagraphs 1, 2, and 1, 2, and 1, 2, and 3, and the purport of

Therefore, the instant disposition taken on a different premise should be revoked as it is unlawful. (A) It is difficult to regard simple excessive disposal without any structural and functional change of a recycling facility as a change in the “recycling capacity” as stipulated in the instant issues clause on the following grounds. (1) In order to impose sanctions on the Plaintiff pursuant to Articles 27(2)10 and 25(11) of the Wastes Control Act, the Defendant requires that the Plaintiff arbitrarily changed the “recycling capacity” which already obtained permission without obtaining permission for change. However, the Wastes Control Act does not clearly define the meaning of the “recycling capacity.” (2) The Wastes Control Act provides that the application for permission shall be filed if the facility, equipment, and technical capacity of a recycling facility meet certain standards, and the business plan and the application for permission to be filed by a person who intends to operate a waste disposal business should be stated in the “standard capacity” of the above business plan and the “capacity” column of the above business plan.

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