1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is a person who produces and sells organic fertilizers with the trade name of B.

The defendant shall be entrusted with the affairs of calculating, imposing, and notifying the payment of recycling dues prescribed by the Resource Recycling Act by the Minister of Environment pursuant to the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the "Resources Recycling Act").

B. The Act on the Recycling of Resources, amended by Act No. 6653 on February 4, 2002, introduced a producer responsibility recycling system, granted the producer a mandatory recycling obligation with a view to preventing the use of wastes from the stage of production and facilitating the recycling of wastes generated.

C. The Plaintiff sells organic fertilizers produced by producing organic fertilizers as packaging materials of synthetic resin. With the amendment of Article 18 subparag. 1(l) of the Enforcement Decree of the Resource Recycling Act (amended by Presidential Decree No. 24869, Nov. 20, 2013), packing materials of synthetic resin used by the Plaintiff were also incorporated into the subject of the producer liability recycling system.

On November 18, 2016, the Defendant imposed KRW 34,869,170 on recycling dues on the ground that “the Plaintiff, as a producer obligated to recycle under the Resource Recycling Act, violated the obligation to recycle synthetic resin materials in 2014.”

(A) In the event that there is no dispute over the recycling dues imposed as above (hereinafter referred to as “instant recycling dues,” and the disposition of imposition thereof (hereinafter referred to as “instant disposition”). [The grounds for recognition], each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the grounds that it is unlawful for the following reasons.

1) The former Act on the Recycling of Resources (amended by Act No. 13036, Jan. 20, 2015; hereinafter the same shall apply), such as failure to comply with the provisions of the former Act on the Implementation of Mandatory Recycling of Resources.

According to Article 16 (1) and (2), the obligation to recycle is fulfilled.