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(영문) 울산지방법원 2016.05.26 2015구합1377
영업정지처분취소
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. On June 5, 2004, the Plaintiff obtained a license for the final waste recycling business from the Defendant, and produces by-product fertilizers using food waste recycling facilities at the 367-21, Seogdong-gun, Ulsan-gun, Ulsan-do (hereinafter “instant place of business”).

B. On June 4, 2015, the Defendant: (a) visited the instant place of business to check the factory; (b) did not cover the space where food wastes stored in the first-class factory (hereinafter “instant factory”) to put in, store, and move the stored food wastes; (c) did not have any food wastes in the storage space in contact with the inside air of the factory; (d) caused the inside air contamination of the factory; (e) there are many differences in the outer wall of the factory; and (e) confirmed that food wastes in the storage space are exposed to the outside; and (e) on June 25, 2015, the Defendant did not close the storage handling facility despite having carried in food within the storage handling facility, which is a food waste recycling facility; and (e) neglected to put in malodor to the outside.

C. On August 26, 2015, the Plaintiff dissatisfied with the foregoing disposition filed an administrative appeal with the Ulsan Metropolitan City Administrative Appeals Commission, and the said commission rendered a ruling on August 26, 2015 to the effect that “the Defendant changed the business suspension disposition against the Plaintiff on June 25, 2015 to 20 days of business suspension.”

On September 11, 2015, according to the purport of the above ruling, the Defendant issued a disposition to change the period of business suspension of the previous disposition to 20 days (from October 1, 2015 to October 20, 2015) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, 9, 10, 11 each.

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