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(영문) 대전지방법원 2017.05.25 2016구합105243
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiffs are companies running the intermediate treatment business of medical waste, etc., and plaintiffs Chang-si's establishment has their respective head office in the Seo-gu Seongbuk-gu, Seocheon-gu, Seocheon-gu, and plaintiffs' forest environment has their respective head office in the Dasan-si, Gyeongbuk-gu,

The Plaintiffs entered into a unit price contract with the medical center at the school of the annual household (hereinafter referred to as the “annual medical center”) as shown below [Attachment 1].

Terms and conditions of the contract of the parties to the contract on March 1, 2014, Plaintiff Alim Environment and Annual Medical Center - Contract Terms and Conditions: from April 1, 2014 to March 31, 2016: Contract Terms and Conditions: 429 won/km (including value added tax and exclusive containers) - Estimated quantity: 7,000,00 g- Plaintiff Alim Environment shall not be re-entrusted as it is in nature, to which the treatment is entrusted by the Ilim Medical Center.

Provided, That this shall not apply where a Mayor/Do Governor or the head of a local environmental agency is unable to dispose of wastes, such as natural disasters or business closure.

(Article 7). (See Article 7) . The Plaintiffs and the Annual Medical Center on March 2016 - Contract Terms: from April 1, 2016 to March 31, 2019 - Contract Terms: 570 won/km - Estimated Quantity: 11,670,00 g- The Plaintiffs shall jointly entrust the treatment of the annual Medical Center’s medical wastes, and if the Plaintiff’s Mine Unemployment is unable to entrust the treatment of the annual Medical Center’s medical wastes, the Plaintiff’s forest environment shall be treated.

§ 5. [Attachment 1: Agreement on Entrustment of Medical Wastes between the Plaintiffs and the Annual Medical Center]

B. On August 2016, the Defendants issued a disposition imposing each penalty surcharge of KRW 50 million on the Plaintiffs on the grounds of violation of the Wastes Control Act (hereinafter “instant disposition”). The specific content is as follows.

On August 5, 2016, the disposition authority's violation of the other party's law and the content of the disposition of the violation, and the basis of the disposition on August 5, 2016, the Administrator of the Geum River Environment Office (hereinafter "the President of the Geum River Environment Office") re-entrusted medical wastes without approval on April 7, 2016 - The Wastes Control Act Article 25 (9) - the penalty surcharge of KRW 50 million - the head of the Daegu Environment Office under Articles 27 (2) 8 and 60 of the Wastes Control Act.

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