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(영문) 부산지방법원 2014.10.31 2013구합1967
수질초과배출부과금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

A. He/she is the H union and the plaintiffs 1) H union (hereinafter "the instant union").

2) The J Complex is a cooperative established on November 22, 1985 with its members, consisting of leather processing enterprises located in the J Complex, which is the collaboration complex located in Busan Ho-gu I Complex. 2) The J Complex has 78 types of business, such as leather, fishing, fishing, silent, tobacco, fishery products processing, etc. However, only 43 companies located in the land owner or lessor, and the remaining lessee are not admitted to the partnership of this case, and the other lessee is not admitted to the partnership of this case.

3) The instant association is a joint prevention facility to jointly treat leather and processed wastewater discharged by its members and lessees (hereinafter “instant joint prevention facility”).

4) The Plaintiffs, A, B, and C are the members of the instant association, and the rest of the Plaintiffs are non-members, who rent a factory and engage in leather manufacturing business. The rest of the Plaintiffs are non-members, as the lessees of the instant association, who rent a factory.

B. The Busan Metropolitan City Health and Environment Research Institute (1) imposed excess discharge dues as of February 20, 2013) on April 2, 2010, the result of the test and analysis of samples of discharged water taken on March 24, 2010 from the joint prevention facilities of this case (hereinafter “the result of the test and analysis of this case”).

T-N (total nitrogen in water quality), which is water pollutants, shall be located in the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality Conservation Act”) after detection of 9.216 g/ liter in the water quality, and T-P (total in the water quality).

() Article 32(1) of the Enforcement Rule of the same Act and Article 34 [Attachment Table 13] of the same Act notified that the total nitrogen 60mg/liter, total 8mg/liter, respectively, exceeded the permissible emission levels prescribed under Article 32(1) and Article 34 [Attachment Table 13]. (2) Accordingly, the Defendant issued a prior notice of disposition on April 5, 2010 to the instant association on April 7, 2010.

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