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(영문) 광주지방법원 2018.08.23 2017구합12872
과징금부과처분취소
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 representative director of the company that is engaged in the intermediate waste treatment business, etc. in the whole-Naman-gun B, and the representative director of the company that is engaged in the intermediate waste treatment business, etc. in the south-Naman-gun, the representative director of the company that is the company that is engaged in the intermediate waste treatment business, etc. in the whole-Naman-gun, the representative director of the company G

B. On August 16, 2017, the Defendant: (a) revised a disposition of one month of the initial suspension of business pursuant to Article 26 of the Construction Waste Promotion Act (hereinafter “instant disposition”) and imposed a penalty surcharge of KRW 20,000,000 on the Plaintiff on the ground that the Plaintiff violated Article 23 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Promotion Act”) as follows, following a prior hearing procedure from the Plaintiff.

On April 7, 2017, the Plaintiff, at the Plaintiff’s place of business, carried and disposed of 70.18 tons of construction waste generated from the Henwon in the Jeonju-gun, Jeonju-gun, which is required to dispose of at the Plaintiff’s place of business, into E with a dump truck, and re-entrusted a total of 75 tons of construction waste entrusted by the Plaintiff to E, including bringing-in and disposal of 4.91 tons of construction waste transported by an I company by the same method on the 26th of the same month.

C. Accordingly, the Plaintiff filed an administrative appeal seeking revocation with the Jeonnam-do Administrative Appeals Commission on the ground that the instant disposition was unlawful, and that the Jeonnam-do Administrative Appeals Commission imposed a penalty surcharge of KRW 10,000,000 on April 16, 2018, on the ground that the instant disposition was somewhat harsh. The instant disposition was mitigated.

The contents of the instant disposition are determined based on the premise that they are KRW 10,000,00 reduced according to the results of the said administrative appeal.

On the other hand, in the investigation procedure against the above violation committed by the defendant according to the defendant's request for investigation (hereinafter "relevant criminal case"), the Mapo-si Office of Gwangju District Prosecutor's Office rendered a disposition against the above violation against C and D on February 14, 2018.

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