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(영문) 창원지방법원 2020.01.22 2019구단11874
영업정지처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are measuring agents equipped with technical human resources, measuring equipment, and facilities in the field of atmospheric environment and vicariously measuring the emission of pollutants by air pollutants emission agents.

(b) The Board of Audit and Inspection tried to find out problems by checking whether a measuring agency in the nationwide atmosphere properly performs measuring agency business, to supplement and improve the deficiencies of the current measuring agency business management system, thereby securing the effectiveness of the self-measurement system for air pollutants. Around February 2019, the Board of Audit and Inspection submitted 174 measuring agency businesses nationwide to secure and analyze the results of measurement agency business for 2017, and to secure and analyze the tax invoices for purchase and sales of each measuring agency by the National Tax Service, etc.

Since then, the Board of Audit and Inspection visited the business places of measuring agency, including the plaintiffs, in accompanying public officials of local governments, ① have visited the business places of measuring agency, including the plaintiffs, without visiting them or visiting them, after having received only the presence and signature of environmental engineers who are employees belonging to the business places discharging atmosphere, and return them without measuring pollutants, and then has issued a atmosphere measurement record book by stating voluntary values at the office, ② even if measuring pollutants are measured, it has failed to comply with the official test standards, or ③ has issued a atmosphere measurement record book in order to reduce measuring hours after measuring pollutants, and accordingly, the Board of Audit and Inspection issued a false atmosphere measurement record book, such as the issuance of a atmosphere measurement record book.

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