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(영문) 청주지방법원 2020.10.08 2019구합7367
허가취소처분 취소
Text

The Defendant’s revocation of permission for the comprehensive waste recycling business against the Plaintiff on September 19, 2019 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on March 5, 2001 for the purpose of running a waste disposal business, and after obtaining permission for a comprehensive waste recycling business from the Defendant on April 1, 2004, has been disposing of food waste in the Cheongju-si Civil Petitions C. The major contents of permission for the comprehensive waste recycling business received from the Defendant are as follows.

At the time of subdivision of the Gu, the interim waste treatment quantity of wastes from food, animal and plant residues (by-products) of wastes from food wastes in the middle of the present sulfur-15t/day x 16 cubic meters (9.5t/hr) x 2 line, 75kw (100HP) (20t/hr) x 52kw (70 HP) (20t/hr) x 1,800 cubic meters (effective x 225 cubic meters) x 1,215 cubic meters (15kw x2) x 101 x 15 cubic meters (2) .

B. On July 9, 2018, the Defendant imposed a penalty surcharge of KRW 100 million on the Plaintiff in lieu of the suspension of business for six months pursuant to Article 28(1) of the former Wastes Control Act (wholly amended by Act No. 16614, Nov. 26, 2019) on the ground that “the Plaintiff treated food wastes in excess of 30% of the permitted capacity without obtaining permission for change.”

C. On April 3, 2019, the Defendant: (a) conducted on-site inspections on the Plaintiff in accordance with a civil petition for environmental pollution; (b) determined that “the Plaintiff treated the volume of waste permitted from around October 2018 to March 2019 (15t/day) in excess of at least 130.8% to at least 374.3%; (c) changed the permitted recycling volume to at least 30% without obtaining permission for change; and (d) revoked the Plaintiff’s license for a comprehensive waste recycling business pursuant to Articles 27(2)10 and 60 of the Wastes Control Act; and Article 83 [Attachment Table 21] of the Enforcement Rule of the same Act (hereinafter “instant disposal”).

On October 8, 2019, the Plaintiff filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission. However, on November 25, 2019, the Plaintiff filed an administrative appeal.

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