분뇨배출시설설치허가취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain concerning this case are stated in the reasoning of the judgment of the court of first instance, except for the plaintiff's further determination as to this case's assertion in this court, as follows.
Therefore, based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, it is quoted.
2. Determination on addition
A. The Plaintiff’s assertion that the Defendant violated Article 17(1)2 of the Livestock Excreta Act on July 5, 2016 is unlawful for the following reasons.
① First, Article 18(1)10 of the Livestock Excreta Act provides that “the revocation of permission for installation or alteration of discharge facilities or an order to suspend the use of discharge facilities for not more than six months” or “the closure of discharge facilities or the order to suspend the use of discharge facilities for not more than six months,” in cases where Article 17(1)2 of the same Act violates Article 17(1)10 of the same Act, and the Defendant issued a warning that
Next, in light of the following: (a) the Plaintiff’s operation of the two money facilities from June 10, 2008 to the date of the first disposition, the Plaintiff did not have been subject to regulation or punishment on one occasion in violation of the Livestock Excreta Act; and (b) the first violation, which is the reason for the first disposition, is an accident that occurred by the Plaintiff’s husband’s simple loss, the first disposition is erroneous and abused the discretion.
Therefore, the instant disposition was made based on the foregoing illegal first disposition, and thus, it was unlawful by succeeding to the defect of the disposition.
B. First of all, we examine the allegation of violation of the principle of statutory reservation.
Where a installer or operator of a waste-generating facility or an operator of a waste-generating facility commits an act falling under Article 17 (1) 2 of the same Act, the head of the competent Si/Gun/Gu shall revoke permission for installation or alteration of the waste-generating facility or close the waste-generating facility or close the waste-generating facility for six months.