수질초과배출부과금부과처분취소
The judgment below
The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1.(a)
According to Article 35 of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 11979, Jul. 30, 2013; hereinafter “Water Quality Ecosystem Act”), when a business operator installs or alters the relevant discharge facilities, he/she shall install water pollution prevention facilities.
(1) The main sentence of paragraph (1): Provided, That the business operator may install joint prevention facilities to jointly treat water-quality pollutants discharged from the discharge facilities, and in such cases, each business operator shall be deemed to have installed prevention facilities for water-quality pollutants in his/her place of business (paragraph (4)), and when the business operator installs and operates joint prevention facilities, he/she shall establish an operating body of
(5) In addition, matters necessary for the installation and operation of joint prevention facilities shall be prescribed by Ordinance of the Ministry of Environment.
(6) Article 45(1)6 of the Enforcement Rule of the Water Quality and Aquatic Ecosystem Conservation Act provides that a business operator or the representative of a joint prevention facility shall, when he/she intends to install the joint prevention facilities, submit to the Mayor/Do Governor the rules on the operation of the joint prevention facilities, including the rules on the operation of the joint prevention facilities, including the specifications on sharing the discharge dues, the fine for negligence, the penalty surcharges, and the fine when it is impossible to measure the quantity of discharged water and the density of water pollutants at each workplace. The proviso of paragraph (2) provides that the payment of the discharge dues related to the operation and management of the joint prevention facilities
The purport of the above relevant provisions is to make it difficult for business operators to accurately measure the quantity of wastewater discharged and the concentration of water pollutants in each business place when installing joint prevention facilities.