Article 8 (1) 1 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter "the Livestock Excreta Act") provides that "the head of a Si/Gun/Gu may designate a specific area and restrict livestock raising in an area deemed necessary to restrict livestock raising among any of the following areas in order to conserve the living environment of local residents or to preserve the quality of water sources, as prescribed by municipal ordinances of the relevant local government," and Article 8 (1) 1 of the same Act provides that "the head of a Si/Gun/Gu may designate a restricted area for livestock raising in the area where restriction on livestock raising is deemed necessary in accordance with Article 8 of the Act (Article 8 (1) and (2) of the Act)" and Article 3 of the former Ordinance on the Management and Use of Livestock Excreta in Jung-gu, Incheon Metropolitan City (amended by Ordinance No. 956, Dec. 3, 2010; hereinafter "the instant Ordinance") may designate a restricted area for livestock breeding.

Meanwhile, the Framework Act on the Regulation of Land Use defines “area, district, zone, zone, complex, urban/Gun planning facility, etc. regardless of their names, such as restrictions on the use and preservation of land” as “area, district, etc.” (Article 2 subparag. 1); and stipulates “area, district, etc. subject to restriction on livestock raising” designated pursuant to Article 8 of the Livestock Excreta Act as “area, district, district, etc.” (Article 5 subparag. 1 related thereto). In addition, where other Acts prescribe otherwise than Article 8 of the Framework Act on the Regulation of Land Use in relation to the designation and operation, etc. of area, district, district, etc., if the head of a local government designates an area, district, district, etc., he/she shall, in principle, prepare a topographic map and publicly notify it in the official report of the local government (Article 8(2) main sentence of Article 8(3)), and in such cases, the designation of a local area, district, etc. becomes effective by public announcement such as topographic map (Article 8(3)).

In full view of the above provisions, in order to restrict livestock raising pursuant to the Livestock Excreta Act, the head of a Si/Gun/Gu shall, in principle, designate a certain area as an area subject to restriction on livestock raising as prescribed by municipal ordinances and prepare and publicly announce topographic maps as prescribed by the Framework Act on the Regulation of Land Use, and it is reasonable to deem that the designation of a zone subject to restriction on livestock raising has

According to the records, the Intervenor asserted that the Defendant did not go through the procedure designating the site of the instant facilities as an area subject to restriction on raising livestock, and that the Plaintiff did not dispute this. Therefore, in light of the legal principles as seen earlier, it cannot be concluded that the instant disposition that permitted the construction of livestock breeding facilities on the instant facility site is in conflict with the instant Ordinance.

Nevertheless, the court below did not decide on the assertion of the Intervenor joining the Defendant and judged that the instant disposition was null and void as it goes against the Ordinance of this case. In so doing, the court below erred by omitting judgment on the party’s assertion, which affected the conclusion of the judgment. The allegation in the grounds of appeal by the

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

[Attachment] List of Appointeds: Omitted

Justices Kim Yong-deok (Presiding Justice)