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(영문) 인천지방법원 2015.06.04 2014구합2892
경고처분취소
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 December 23, 2009, the Defendant granted a license for foul waste collection and transportation business to “C” operated by B with the following conditions attached thereto:

[Conditions of Permission] prohibition of cleaning challenge and intentional delay - Prohibition of intentional delay of facilities, etc., the location or collection of which is not easy on the external side of the Gu - Measures to prevent civil petitions by entering them in the civil petition receipt register at the request of the civil petitioner and promptly treating them in the order of the request for cleaning - Collection of fees for building trust to residents as kind and good response at the time of cleaning: Collection of sewage, excreta and livestock wastewater shall not exceed the amount prescribed by Gyeyang-gu Ordinance on the Disposal of Sewage

Performance of agency contracts and administrative matters - our conditions of permission for execution, agency contracts, administrative orders, and instructions shall be faithfully performed, and all responsibility shall be responsible for civil, criminal, and administrative dispositions resulting from nonperformance.

B. The Plaintiff transferred the aforementioned “C” company from B to succeed to the status of the foul waste collection and transportation business entity, and run foul waste collection and transportation business in Gyeyang-gu Incheon from June 22, 2011.

(B) On July 4, 201, the trade name was changed to D).

On August 5, 2013, the Defendant issued an administrative instruction with the following content to the foul waste collection and transportation business entities, including the Plaintiff (hereinafter “instant administrative instruction”).

[Administrative instruction] In order to prevent the occurrence of malodor caused by the pumps, etc. of foul waste transport vehicles in the vicinity of the E place of business, it is time to observe the administrative instruction to prohibit the act of excreta transport between other vehicles, other vehicles, and other vehicles (hereinafter "pacting"), except in extenuating circumstances such as a vehicle garage, etc. during operation in the E place of business, etc. from the gold day, and if the administrative instruction is not complied with, it shall be in accordance with the Sewerage Act.

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