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(영문) 의정부지방법원 2017.07.04 2017구합10710
방치폐기물처리 조치명령처분 취소
Text

1. The Defendant’s disposition of ordering the Plaintiff to dispose of abandoned wastes on December 30, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 28, 2006, the Plaintiff is a cooperative established for the purpose of mutual aid business for the disposal of abandoned wastes by its members, and Ecognin (hereinafter “Ecogin”) is a company that obtained a comprehensive waste recycling business license from the Defendant on July 28, 2006 (waste subject to business operation: waste from waste synthetic resin and waste home appliances).

On October 30, 2014 and October 30, 2016, the Plaintiff entered into a mutual aid agreement with Ecogin to guarantee the performance of disposal of abandoned waste, the respective period of which is from October 30, 2014 to December 31, 2016, and from January 1, 2017 to December 31, 2019.

B. Upon receipt of a civil petition that the Defendant suffered damage due to abandoned waste in the Ecogn’s place of business (hereinafter “instant place of business”), on December 27, 2016, the Defendant confirmed the fact that 400 tons of waste, such as waste synthetic resin, waste home appliances, etc., were left unattended in the place of business in the state of suspension of Ecogn’s operation, and ordered Ecogn to dispose of the abandoned waste on the same day, setting the processing period from December 27, 2016 to December 29, 2016 pursuant to Article 40(2) of the Wastes Control Act.

C. The Defendant issued an order to dispose of the abandoned waste, which was determined from January 2, 2017 to February 28, 2017, to the Plaintiff, pursuant to Article 40(4)1 of the Wastes Control Act, when icogin failed to comply with the foregoing order to dispose of the abandoned waste.

(hereinafter “instant disposition”) D.

Accordingly, the plaintiff filed an administrative appeal, and the Gyeonggi-do Administrative Appeals Commission dismissed the plaintiff's claim on April 17, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1 is an influence disposition that imposes an obligation on the Plaintiff or limits the Plaintiff’s rights and interests. However, the Defendant prior to the instant disposition, etc., considered the details of the disposition on the Plaintiff.

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