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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, a company engaged in environmental management agency business, has been acting as an agent for business operators who operate emission facilities under Article 39(1) of the former Clean Air Conservation Act (amended by Act No. 1626, Jan. 15, 2019; hereinafter the same).
B. On June 24, 2019, the Board of Audit and Inspection conducted a general inspection on measuring agency enterprises in the atmosphere including the Plaintiff, and notified the Minister of Environment of violations. On June 27, 2019, the Minister of Environment notified the Defendant of the violation that “the Plaintiff prepared a measurement record without measuring the actual air pollution level or failed to comply with the official test standards.”
C. Accordingly, around July 10, 2019, the Defendant conducted on-site verification and inspection of five measuring agency businesses within Chungcheongbuk-do, including the Plaintiff, and on August 22, 2019, the Plaintiff was amended by Act No. 17184, Mar. 31, 2020; hereinafter “Environmental Examination and Inspection Act”).
Article 17(1) of this Act and Article 16(1) [Attachment 10] of the Enforcement Rule of the same Act
2. (2) Pursuant to the disposition of business suspension for six months (hereinafter “instant disposition”).
2) Each entry (including the number of pages 1, 1, 2, 5, 6, and 1, 2, and 3) of Gap's 1, 2, and 3 without any dispute.
hereinafter the same shall apply.
- The purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.
1. Since the Defendant, in violation of the duty to present the grounds for disposition, stated Article 18 of the Environmental Testing and Inspection Act in the relevant statutes while rendering the instant disposition to the Plaintiff, the instant disposition should be deemed a disposition that applied Article 17(1)7 of the Environmental Testing and Inspection Act on the ground of the violation of Article 18 of the same
Even if the instant disposition was based on the violation of Article 17 (1) 3 of the Environmental Testing and Inspection Act, the Defendant did so.