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

A. The Plaintiff is a waste recycling company that produces organic fertilizers by recycling food wastes.

The plaintiff's place of business is defined as malodor-emitting facilities under subparagraph 3 of Article 2 of the Malodor Prevention Act, Article 3 and attached Table 2 of the former Enforcement Rule of the Malodor Prevention Act (amended by Ordinance of the Ministry of Environment No. 688, Jan. 19, 2017; hereinafter the same shall apply).

B. The Defendant conducted a measurement of malodor at the Plaintiff’s workplace on the ground that a civil petition related to malodor related to the Plaintiff’s workplace was received. On September 30, 2015 and April 20, 2016, the Defendant issued a recommendation for improvement to the Plaintiff, as the malodor collected from the boundary line of the Plaintiff’s workplace exceeds the standard value under the Malodor Prevention Act.

After that, on August 9, 2016, the Defendant issued a notice of designation of malodor-emitting facilities subject to reporting at the Plaintiff’s workplace while making a third recommendation as well as the designation of malodor-emitting facilities subject to reporting at the Plaintiff’s workplace.

C. On September 22, 2016, the Defendant designated and publicly announced the Plaintiff’s workplace as malodor-emitting facilities subject to reporting the Plaintiff’s workplace pursuant to Article 8-2(1) of the Malodor Prevention Act (hereinafter “instant disposition”) on the grounds that the Plaintiff’s workplace exceeded the permissible emission level of multiple malodor at least three times, and the complaints related to malodor in the said workplace continue to exist for not less than one year.

[Reasons for Recognition] Facts without dispute, entry of Gap 1-4 (including branch numbers if there are serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고 주장요지 (1) 처분사유의 부존재 ㈎ 악취배출허용기준 초과 관련 피고는 원고 사업장에서의 악취 채취 과정에서 악취공정시험기준에 따른 적법한 절차를 준수하지 아니한 것으로 보이는 점, 악취관리법 시행규칙 [별표 3]에 따라 복합악취의 시료는 부지경계선 및 배출구에서...