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(영문) 서울행정법원 2019.01.11 2016구합57946
기타부담금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs, as natural or legal persons producing and selling organic fertilizers, are packing and selling organic fertilizers as packing materials of synthetic resin.

The defendant is entrusted by the Minister of Environment pursuant to Article 38 (2) of the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the "Resources Recycling Act") and Article 48 (3) 18 of the Enforcement Decree of the Resource Recycling Act, and carries out affairs such as the collection of recycling dues under the Resource Recycling Act.

B. Packing materials made of synthetic resin are introduced in 200 as a system to facilitate recycling of resources by imposing mandatory recycling obligations on producers under the former Enforcement Decree of the Resource Recycling Act (EPE system (EPR system) (hereinafter “former Enforcement Decree of the Resources Recycling Act”) for the manufacturer’s responsibility recycling system (Extened R R system”), from the production to the collection and recycling stage after the use of products.

was incorporated into the subject of this chapter.

C. In 2014, the Defendant issued a disposition imposing recycling dues on the Plaintiffs regarding the content of the attached disposition “amount imposed” as of the date indicated in the separate disposition “the date of disposal” on the grounds that the Plaintiffs violated the obligation to recycle synthetic resin materials and packaging materials as manufacturers obligated to recycle under the Resource Recycling Act.

(hereinafter referred to as "each disposition of this case"). 【No dispute exists, entry in Gap evidence 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiffs’ assertion 1) The former Resources Recycling Act (amended by Act No. 12319, Jan. 21, 2014; and enforced July 22, 2014; hereinafter “former Resources Recycling Act”).

Article 16 unconstitutionality of Article 16) Article 16 of the former Resource Recycling Act is recycled by producers obligated to recycle.

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