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(영문) 광주지방법원 2017.09.28 2017구합329
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension against the Plaintiff on April 18, 2017 (from April 20, 2017 to July 19, 2017) is three months.

Reasons

1. Details of the disposition;

A. The Plaintiff completed the registration of measuring agency business for air pollutants, etc. under Article 16(1) of the Environmental Testing and Inspection Act (hereinafter “Environmental Testing and Inspection Act”) on August 21, 1995, and registered measuring agency business for air pollutants, etc. on September 9, 2013 by additionally registering measuring items for hydrogen compounds (Hg) and hydrogen compounds on September 9, 2013 and conducting measuring agency business for air pollutants, etc. for 27 items, including non-carbon compounds, at present.

B. On May 2014, the Plaintiff entered into a self-measurement service contract with B Co., Ltd. (hereinafter “B”) which installs and operates air pollutant emitting facilities (hereinafter “emitting facilities”) and 22 air pollutants, including non-subliability, and issued a test report (hereinafter “instant test report”) on non-carbon compounds over 238 occasions from October 13, 2014 to June 10, 2015.

C. From October 26, 2015 to November 11, 2015, the government conducted a joint audit by all air pollutants measuring agents located in Jeonnam-do, and pointed out that the Plaintiff issued a false report after analyzing only imported substances without gas-related material analysis when measuring non-carbon compounds of B emission facilities. Accordingly, the Defendant accused the Plaintiff on March 14, 2016.

On May 27, 2016, the office of the Gwangju District Prosecutors' Office, which received the case from the relevant police station, prosecuted the Plaintiff and the Plaintiff's representative director C in violation of Article 18 of the Environmental Examination and Inspection Act (hereinafter "relevant criminal cases"), and the said court acknowledged the Plaintiff and C guilty on February 8, 2017, but suspended a fine of KRW 4 million in consideration of the circumstances of the crime, etc.

The plaintiff and C are dissatisfied with the above judgment and currently pending the appellate trial in the Gwangju District Court.

(2017No1016). (e)

The defendant is guilty against the plaintiff in the relevant criminal case.

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