1. The part concerning the claim for revocation of the imposition of an administrative fine in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims.

1. Details of the disposition;

A. The Plaintiff is a person who obtained permission for waste collection and transportation business from the Defendant on June 4, 2018.

B. On March 18, 2019, B, an employee of the Plaintiff, was discovered that “the act of transporting wastes without preparing a waste consignment transport contract,” while he/she discharged wastes from the vehicle D owned by the Plaintiff (hereinafter “instant vehicle”).

C. On August 22, 2019, the Defendant imposed an administrative fine of one month of business suspension under Article 27(2) of the Wastes Control Act (hereinafter “instant disposition of business suspension”) and five million won under Article 68(1)3 of the same Act (hereinafter “instant disposition of imposition of administrative fine”) on the Plaintiff on the grounds of violation of the matters to be observed by the waste disposal business operator (Preparation and Conclusion of Contract for Transport of Wastes (Execution of Waste Disposal)) (Article 25(9)4 of the Wastes Control Act).

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 2 and 3 (including paper numbers), the purport of the whole pleadings

2. Determination on the claim to revoke the instant disposition of fine for negligence

A. The Defendant’s disposition of fine for negligence in this case’s main defense is not an administrative disposition, and thus, the part seeking revocation of the disposition of fine for negligence in this case is unlawful.

B. Article 68(1)3 of the Wastes Control Act provides that a person who fails to comply with the matters to be observed under Article 25(9)4 shall be punished by a fine for negligence not exceeding 10 million won. Article 38-4 of the Enforcement Decree of the Wastes Control Act provides for the criteria for imposing fines for negligence, but does not provide for separate provisions on the procedures for protesting

Meanwhile, Articles 20(1) and (2), 21(1), 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date of receiving the notice of imposition of the administrative fine.