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(영문) 광주지방법원 2019.08.22 2019구합10917
골재채취업영업정지처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 22, 2016, the Plaintiff reported to the Defendant on the following: (a) the Plaintiff, a stock company established for the purpose of aggregate extraction and manufacturing business, that he/she installed a mobile-style strawer, aggregate sorting machine, container strawls, and aggregate string equipment in the soil company flowing into a neighboring business area, to remove aggregate from the soil company flowing into a neighboring business area.

B. On August 29, 2016, the Defendant accepted the Plaintiff’s report of the aforementioned aggregate washing, and, on the other hand, accepted the Plaintiff’s report of the said aggregate, the “outstanding the screen washing and crushing, and revoked the acceptance of the report in the event of the violation.”

On November 10, 2017, the Defendant revoked the aggregate washing part among the acceptance of the report made on August 29, 2016 on the ground that the Plaintiff did not register the washing business, and the Defendant fulfilled the conditions of “outboard washing and crushing, and the revocation of the acceptance of the report in the event of violation”.

C. The defendant is for the same year as March 16, 2018.

4.5. On May 1, 2018, on the ground that the Plaintiff’s act of crushing aggregate at the time of the on-site inspection of each aggregate screening place was confirmed, the Plaintiff issued a one-month measure to suspend the selection of aggregate (hereinafter “previous measure”). D.

Although the Plaintiff filed a lawsuit seeking revocation of the previous disposition with this court 2018Guhap401, the judgment dismissing the Plaintiff’s claim was rendered on November 15, 2018, and the above judgment became final and conclusive around that time.

E. On March 4, 2019, the Defendant issued a disposition to suspend the aggregate extraction business for six months as a violation of Articles 22(1) and 32(1) of the Aggregate Extraction Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s illegal extraction, etc. was verified at the time of the on-site inspection of each aggregate selection site conducted on October 26, 2018, and November 20 of the same year.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff.

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