1. On June 17, 2014, the Defendant imposed a penalty of KRW 7,318,440,480 on the Plaintiff.

1. On June 17, 2014, the Defendant imposed KRW 7,318,440,480 on the Plaintiff on the ground that the sewage of the oil refining plant in the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “existing factory”) and the Pakistan production plant, the neighboring chemical factory (hereinafter “new factory”) flows into the water treatment plant of Incheon (hereinafter “new factory”), on the ground that the sewage of the sewage charge imposed on the Plaintiff based on the use of the public sewerage, 7,318,440,480.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] A without dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition of imposition of the instant case should be revoked on the grounds as delineated below.

① An opportunity for which sewage from an existing factory flows into a provisional sewage treatment plant is due to the Defendant’s arbitrary act of linking a public sewage treatment facility of the existing factory (hereinafter “instant sewage treatment plant”) with a separate sewage treatment plant on or around December 2012, and it is not due to construction of a new factory. Therefore, it does not constitute “new construction of a building, for which wastewater increases more than a certain amount” as the requirement for imposing an amount borne by the burden-bearing entity under Article 61(1) of the Sewerage Act.

② Since the Plaintiff newly constructed an existing factory and constructed the instant sewage culvert at its own expense on around 1972, imposing charges on the existing factory is the same as imposing double charges on the existing factory.

(3) The amount borne by burden shall be imposed one month before the completion date of the relevant building, and as an existing factory is completed in around 1972, the amount borne by burden of sewerage shall not be imposed on the existing factory.

(4) In addition, the amount of sewage generated shall be calculated by multiplying the amount of sewage generated by the unit price of charges borne by burden, and the amount of sewage generated shall be publicly notified by the Ministry of Environment.