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(영문) 청주지방법원 2019.05.30 2018구합4262
영업정지처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on November 16, 2018 shall be revoked for three months.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person operating a “B” company that produces a kind of manure of by-products as stipulated in subparagraph 3 of Article 2 of the former Fertilizer Control Act (wholly amended by Act No. 16122, Dec. 31, 2018; hereinafter “former Fertilizer Control Act”) by removing livestock excreta sludge, etc. generated from livestock pens.

As a result of the analysis of legal standards, harmful components (mg/km) 360 et al. (mg/km) and 539.39 Zin (mg/km) less than 900 et al. al. 95

B. On September 27, 2018, the Defendant collected the samples of composts produced by the Plaintiff, and requested C to analyze its ingredients on October 1, 2018. As a result of the analysis, the Defendant confirmed that the amount of manures and sludge, which are harmful to the Plaintiff’s production, exceeds the standard values as follows:

C. On October 11, 2018, the Defendant notified the Plaintiff of the fact that he/she produced fertilizers exceeding the Hazard Criteria stipulated in the former Fertilizer Control Act, and requested the Plaintiff to submit his/her opinion on the violation by November 6, 2018.

On October 16, 2018, the Plaintiff requested re-inspection to the Defendant on the ground that “the quality inspection conducted by the Plaintiff on July 20, 2018 was judged to be appropriate,” and accordingly, the Defendant requested re-stock company C to conduct a component analysis. However, as follows, as a result of the analysis of the legal standards of the former Ri analysis items at a level similar to the previous prosecutor, the Plaintiff discovered harmful components (mg/km) between 360 and 544.27 Gao (mg/km) (mg) and 900 Gao (mg/km) and 1346.64.64.

E. On November 16, 2018, pursuant to Article 19 subparag. 1 and Article 20(1) subparag. 3 and 8 of the former Fertilizer Control Act, the Defendant’s disposition of business suspension for three months and of business suspension for three months among the disposition of recovery and destruction of generated retirement expenses to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including those with serial numbers; hereinafter the same shall apply)

The purpose of each entry and the whole pleading of the evidence referred to in Section B(1) to Section B(6).

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