logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.10.18 2017구합62082
기타부담금부과처분취소
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. The Plaintiff is a corporation that produces and sells organic fertilizers, which packages organic fertilizers into packaging materials made 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 the Corporation carries out business activities, such as collecting recycling dues under the

B. Under the former Enforcement Decree of the Resource Recycling Act (amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 24869; Jan. 1, 2014; hereinafter “EPR system”), packing materials of synthetic resin are introduced into a system to facilitate recycling of resources by imposing mandatory recycling on producers of the production liability recycling system (Exfed Redpon (hereinafter “EPR system”) on the product from the production to the recovery and recycling stage.

was incorporated into the subject of this chapter.

C. In March 29, 2017, the Defendant imposed a recycling charge of KRW 15,80,380 on the Plaintiff on the ground that the Plaintiff, as a producer obligated to recycle under the Recycling of Resources Act, violated the obligation to recycle synthetic resin materials and packing materials for organic fertilizers.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The former Resources Recycling Act (amended by Act No. 12319, Jan. 21, 2014; hereafter the same shall apply) (amended by Act No. 12319, Jul. 22, 2014);

() Although the Plaintiff specified in the previous Act applicable to the instant case (amended by Act No. 12319, Jan. 21, 2014; and enforced July 22, 2014), the Plaintiff specified that the Act applicable to the instant case was amended by Act No. 13036, Jan. 2015 and enforced January 21, 2016.

(b).

arrow