1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the instant disposition

A. The Plaintiff is a corporation that obtained a construction waste interim disposal business license on June 8, 199.

B. The Defendant, based on Article 25 of the instant Act and Article 15-2 and [Attachment 3] of the former Enforcement Rule of the Construction Waste Recycling Promotion Act (amended by Ordinance of Ministry of Environment No. 400, Feb. 25, 2011; hereinafter “Enforcement Rule of the instant Act”), issued a disposition of suspension of business (hereinafter “instant disposition”) for October 1, 201, following a warning disposition issued on October 18, 201, on the ground that the Plaintiff neglected construction waste outside the site of a workplace in violation of Article 13(1) of the former Construction Waste Recycling Promotion Act (amended by Act No. 11690, Mar. 23, 2013).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 40, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s earth and sand located outside the site of the workplace (hereinafter “instant earth and sand”).

(2) According to Article 2 Subparag. 14 and Article 35 of the instant Act, Article 4 of the former Enforcement Decree of the Act on the Promotion of Construction Wastes (amended by Presidential Decree No. 24451, Mar. 23, 2013; hereinafter “Enforcement Decree of the instant Act”), and Article 5(1) [Attachment 1-2] of the Enforcement Rule of the instant Act, construction waste soil and rocks disposed of in conformity with the statutes are recyclable. In particular, it is possible to recycle recycled aggregates that meet certain quality standards, following the physical and chemical treatment process.