1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 22, 2008, the Plaintiff obtained a license for the business of collecting and transporting medical wastes from the Defendant, and runs the business of accepting medical wastes from hospitals, clinics, research institutes, etc. and transferring them to incineration houses, etc.

B. On March 20, 2014, the Defendant discovered the fact that the internal temperature was operated at 14°C while the Plaintiff’s employees conducted guidance and inspection on the quantity of medical waste collected and transported, which entered the place of business of the 391 Simcheon-gun, Gyeonggi-gun, Seoul Metropolitan City Urban Environment Group, without operating a cooling box for the vehicle B that collects and transports medical pest (hereinafter “instant vehicle”) and without operating a cooling box for the vehicle B that collects and transports medical pest (hereinafter “instant vehicle”).

C. Meanwhile, on July 30, 2013, the Plaintiff was imposed penalty surcharges of KRW 16,66,00 in lieu of one month of business suspension on the ground that the instant vehicle operated without operating air conditioners.

Accordingly, the Defendant against the Plaintiff on June 23, 2014, Articles 13(1) and 28 of the Wastes Control Act, Article 7(2) of the Enforcement Decree of the Wastes Control Act, and Article 14 [Attachment 5] [Attachment 5] of the Enforcement Rule of the same Act.

2) Despite the maintenance of adequate temperature (hereinafter 4°C), the instant disposition was rendered against the Plaintiff on the ground that medical waste collection and transportation vehicle loading equipment was not operated, and that the Plaintiff violated the second violation, imposing a penalty surcharge of KRW 50,000,000, in lieu of the suspension of business for three months. D. The Plaintiff filed an administrative appeal on September 22, 2014, but was dismissed on March 3, 2015.

2. Whether the disposition is lawful;

A. The Plaintiff’s employees, while operating a freezing facility normally in loading the instant vehicle, temporarily increased temperature in the process of preparing for the vehicle, such as conducting a final inspection of the volume of medical wastes after having arrived at the intermediate treatment plant’s place of business.