1. Revocation of a judgment of the first instance;

2. On December 1, 2015, the disposition of suspension of operation issued by the Defendant to the Plaintiff shall be revoked for ten days.

Details of the disposition

The plaintiff is a company that is the main business of manufacturing and selling ready-mixed building materials, and is manufacturing and selling ready-mixeds at ready-mixed factories located in Seongdong-gu Seoul Metropolitan Government 71, and the above factories are located in the above place since the 1970s.

On October 27, 2015, the Defendant conducted an on-site investigation as to whether wastewater has been discharged from the second factory among the above factories (hereinafter “instant factory”), and on December 1, 2015, the Defendant issued a disposition of suspension of operation for the Plaintiff (hereinafter “instant disposition”) by applying Article 42 of the Water Quality and Aquatic Ecosystem Conservation Act and Article 105 of the Enforcement Rule of the same Act, on the ground that “the Plaintiff discharged water pollutants discharged from the discharge facilities without flowing them into the prevention facilities, and ② installed facilities capable of discharging water pollutants discharged from the discharge facilities without flowing them into the prevention facilities, and violated Article 38(1)1 of the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality and Aquatic Ecosystem Conservation Act”).

【In the absence of dispute, the written evidence Nos. 1 and 2, and the purport of the entire pleadings as to the lawfulness of the instant disposition, the Plaintiff’s factory asserting the legitimacy of the instant disposition falls under wastewater discharge facilities that can properly treat water pollutants without installing water pollution prevention facilities (hereinafter referred to as “prevention facilities”), and thus, it can only be an issue whether the Plaintiff violated the “matters to be observed by a person exempted from the installation of prevention facilities” under Article 44 [Attachment Table 14] of the Enforcement Rule of the Water Quality Ecosystem Act pursuant to Article 35(2) of the Water Quality and Ecosystem Act.

Nevertheless, the instant disposition based on the fact that the factory of this case is subject to Article 38(1)1 of the Water Quality Ecosystem Act is unlawful.

The defendant is "the wastewater containing water pollutants".