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1. The Defendant’s order of closure issued against the Plaintiff on July 29, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that manufactures and sells used equipment parts at the window B of Changwon-si located within the area where the installation of wastewater discharge facilities is restricted under Article 33(6) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 14532, Jan. 17, 2017; hereinafter “former Water Quality Conservation Act”).
The Plaintiff, using the cNC Line 9 and cT Line 18 vehicles, was operated by establishing and operating the CNC Line 9 and cT Line 18 vehicles.
B. On March 23, 2016, the Changwon District Prosecutors’ Office confirmed that the Plaintiff installed and operated wastewater discharge facilities without obtaining permission in the area where the discharge facilities are restricted, and on May 30, 2016, notified the Defendant that the Plaintiff was indicted on the same day on the grounds that the Plaintiff violated the former Water Quality Conservation Act, as stated in attached Form 1.
C. Accordingly, on July 29, 2016, the Defendant issued an order to close down wastewater discharge facilities without permission, which violated Article 33(1) and (5) of the former Water Quality Conservation Act (hereinafter “instant disposition”) with respect to the Plaintiff’s KRW 9 and KRW 18 (hereinafter “instant facilities”).
On May 16, 2018, there are Articles 42 and 44 of the former Water Quality Conservation Act that allow the Defendant to issue a closure order under the former Water Quality Conservation Act on the fifth date for pleading. The instant disposition was demanded to clearly specify which provision is applicable to both parties. Accordingly, the Defendant specified the relevant provision under Article 44 of the former Water Quality Conservation Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings
2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The plaintiff's assertion is clearly ordered to apply the applicable provisions of the disposition-based statute.