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(영문) 청주지방법원 2013.01.24 2012구합2066
폐기물처리명령취소
Text

1. The plaintiff B's lawsuit of this case is dismissed.

2. The plaintiff A's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

Plaintiff

B A. On December 4, 1998, he installed a waste incineration facility in Chungcheongnam-dong C (hereinafter “instant place of business”) and completed a report on waste recycling on December 4, 1998, with the purport of raising rash by using heat generated in the process of incineration of waste such as waste synthetic resin, and growing heat pipe water. On March 15, 2000, Plaintiff A, who was the wife of Plaintiff B, succeeded to the rights and obligations of the instant place of business from Plaintiff B on March 15, 200, after succeeding to the rights and obligations of the instant place of business, filed a report on waste recycling with the Defendant on the change of the use and method of recycling of old waste and synthetic resin, which recovered waste heat as fuel, and filed the report on March 29, 200.

However, at the time of the instant disposition, Plaintiff A suspended operation in the instant workplace for at least ten years, and in the instant workplace, combustible waste 316t, such as waste synthetic resin, waste vinyl, waste plastic bags, waste synthetic rubber, waste synthetic rubber, waste electric wires coats, etc., were removed and left alone.

On February 20, 2012, the Defendant issued an order to Plaintiff A to dispose of all wastes stored in the instant place of business by not later than May 21, 2012, by applying Article 40(2) of the Wastes Control Act, on the ground that the instant place of business has suspended operations for not less than ten years and neglected wastes. Accordingly, Plaintiff A submitted a written opinion to dispose of wastes loaded on March 5, 2012. On March 16, 2012, the Defendant issued an order to Plaintiff A to dispose of all wastes stored in the instant place of business by not later than May 21, 2012 (hereinafter “instant disposition”).

Since then, on May 17, 2012, Plaintiff A applied for the postponement of the deadline for waste treatment, and the Defendant extended the deadline for waste treatment to June 20, 2012 pursuant to Article 20(2) of the Enforcement Decree of the Wastes Control Act on May 24, 2012.

【Non-contentious facts, Gap evidence 2-A, and evidence 22-1, 2.

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