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.

1. Details of the disposition;

A. The Plaintiff is an agricultural company established on June 11, 2012 and engaged in a comprehensive waste recycling business, such as food waste disposal business, and the production and sale of organic fertilizers.

B. On August 31, 2018, the Defendant: (a) maintained and managed waste disposal facilities in breach of the management standards set forth in Article 31(1) of the Wastes Control Act; and (b) taken a disposition of business suspension for one month for the reason that the Plaintiff contaminated water and its surrounding environment (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 4 through 7, and the purport of the whole pleadings

2. The Plaintiff’s assertion 1) The instant disposition did not exist. 2) Even if the grounds for the instant disposition exist, taking into account the fact that the compost, etc. flows out in the form of industrial water by force majeure, etc., the instant disposition was rendered by deviation and abuse of discretion.

3. On July 23, 2018, the Defendant separately issued a disposition of business suspension against the Plaintiff, and both the instant disposition and the disposition of business suspension as of July 23, 2018 were based on the Defendant’s on-site verification as of July 2, 2018, and both the instant disposition and the disposition of business suspension as of July 23, 2018 are the same.

Therefore, the instant disposition is a duplicate disposition based on the same cause as the disposition of the business suspension rendered on July 23, 2018, and thus should be revoked.

3. Determination

(a) Article 27 of the Wastes Control Act (2) If a waste treatment business entity falls under any of the following subparagraphs, the Minister of Environment or a Mayor/Do Governor may cancel the relevant permit or order the suspension of all or part of its business for a fixed period not exceeding six months:

12. He/she operates waste disposal facilities, not meeting standards for its maintenance under Article 31 (1);