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(영문) 서울고등법원 2016.01.14 2015누54898
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to that of the judgment of the court of first instance, except for a partial change in the reasoning of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, this is cited by Article 8(2) of the

The amended Act No. 6 of the first instance judgment of the part concerning the amendment shall add the corresponding part to the "Enforcement Decree of the Construction Waste Recycling Promotion Act" among the amended Act, and add the "Waste Control Act" to the remaining part.

The 4th to 5th of the first instance judgment shall be amended to the following:

Article 13(1) of the Construction Wastes Act provides that "any person who intends to discharge, collect, transport, store, or perform interim disposal of construction waste shall comply with the standards and methods prescribed by Presidential Decree." Accordingly, he/she shall file a report on wastes generated after interim disposal of construction waste in accordance with Article 17(2) of the Wastes Control Act, and dispose of construction waste in accordance with Article 18 of the same Act, shall not be mixed with construction waste before interim disposal of wastes generated after interim disposal, and a person who interim disposal of construction waste shall install a facility for storing wastes generated after interim disposal with the entrusted construction waste, and store them for recycling, subject to incineration, and subject to reclamation, and install a storage sign at storage facilities."

In addition, Article 9(2) of the Enforcement Decree of the Construction Waste Act provides that "The detailed standards and methods for the discharge, collection, transportation, storage, and interim disposal of construction waste under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment." Accordingly, Article 5(2) of the Enforcement Rule of the Construction Waste Act provides that "the discharge, collection, transportation, storage, and interim disposal of construction waste under Article 9(2) of the Decree."

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