1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

Conclusion of Voluntary Agreements

1. The Government shall exclude the producers fulfilling the obligations of agreement and the producers fulfilling the obligations of agreement and the instant cooperatives representing such producers from subject to the imposition of waste charges, if they comply with the terms of the agreement;

However, if it is not implemented, additional dues shall be imposed on the quantity not recycled among the mandatory recycling quantity on the basis of the recycling cost determined by the Minister of Environment.

1. Detailed matters for the implementation of the Convention shall be governed by the operating guidelines of the Convention, and matters not prescribed in such guidelines shall be determined through consultation between the Government and producers fulfilling the obligations of the Convention (organization implementing the Convention);

The instant association, as a cooperative [Article 2 subparagraph 1 (b) and Article 3 subparagraph 2 of the Small and Medium Enterprise Cooperatives Act] under the Small and Medium Enterprise Cooperatives Act, concluded a voluntary agreement on the conservation and recycling of resources with the Minister of Environment pursuant to Article 12 (2) 2 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter “Resources Recycling Act”) on behalf of manufacturers of PVC pipes (including plastic products), such as the genetic industry, which is a member corporation, on behalf of its member corporation, pursuant to Article 12 (2) 2 of the Small and Medium Enterprise Cooperatives Act, and the main contents thereof are as follows:

The operational guidelines of the instant agreement are as follows: (a) the operation guidelines of the instant agreement are as follows.

Article 2 (Definitions) The definitions of terms used in these Guidelines shall be as follows:

(1) The term "producer fulfilling the obligations under the agreement" means a manufacturer or importer who has entered into a voluntary agreement with the Minister of Environment on recovery and recycling pursuant to Article 12 (2) 2 of the Resource Recycling Act.

(2) The term "organization fulfilling the obligations of an agreement" means a corporation established to vicariously perform the obligations of a producer fulfilling the obligations of an agreement.

Article 12 (Report, etc. on Results of Implementation) (1) Any person who has concluded an agreement shall be from the date of entry into force of the agreement until the end of the year concerned