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(영문) 춘천지방법원 2016.11.25 2016구합50721
과징금 부과처분 취소청구 및 부당이득반환청구
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 April 27, 2007, the Plaintiff is a legal entity that is engaged in the collection and transportation business of the pertinent wastes after obtaining permission for collection and transportation of the designated wastes (e.g., liquid and solid) from the Defendant as follows.

- Waste synthetic compound compounds, sludge, food waste (waste acid, waste egg), waste agricultural chemicals, mineral scrap, dust, waste dust, waste gas and waste dust, waste acids, incineration materials, incineration materials, waste-resistant cargo and waste absorption agents, waste-resistant solvents, waste solvents, waste paint and waste absorption agents, waste paint and waste acids, waste acids, waste oil, waste asbestos, polychlorinated biphenyl content, waste toxic substances,

B. On July 28, 2015, public officials of the original regional environmental office visited the Plaintiff’s workplace under the name of “Guidance and Inspection of Waste Management Business in Preparation for Marsh 28, 2015,” and inspected the lawful disposal of wastes.

C. In the process of the inspection, the above public officials should not transport wastes to any place other than the place where the Plaintiff can properly dispose of, recycle, or store wastes, but with respect to the case of 3 cases where the delivery number for the transporter is 15078841, 15079888530, 150735798, the delivery number for the transporter is 1507884.81, 1507988530, 15073798, the Plaintiff received wastes from the discharger on the part of the Plaintiff and transferred wastes to the disposal manager two days after the date of receipt of the wastes, and the Plaintiff attempted to collect the confirmation of violation from the Plaintiff, but the Plaintiff refused to sign and seal the confirmation of violation.

On July 31, 2015, the Defendant gave prior notice to the effect that a disposition such as business suspension is to be taken for one month on the ground that the Defendant violated Article 13(1) of the Wastes Control Act by failing to appropriately dispose of, recycle, or transport wastes collected by the Plaintiff to a place that can be properly disposed of

Accordingly, on August 17, 2015, the Plaintiff requested the imposition of penalty surcharge in lieu of the above suspension of business.

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