가축분뇨 배출시설 폐쇄명령 처분 취소 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff makes a supplementary or supplementary decision as follows with respect to the assertion that the plaintiff contests in the court of first instance, thereby admitting the judgment of the court of first instance in accordance with Article 8(2) of the Criminal Procedure Act and
2. Additional or supplementary judgment
A. As to the Plaintiff’s assertion that there was no provision on the ground of the closure order, the instant violation was established and completed around June 2009, since the Plaintiff’s assertion began to not raise pigs from June 2006 to June 2009 without justifiable grounds. The amended Act on the Management and Use of Livestock Excreta (hereinafter “Revised Act”) as amended by Act No. 12516, Mar. 24, 2014.
(1) Article 18(1) of the Addenda (amended by Act No. 8010, Sep. 27, 2006; hereinafter “former Livestock Excreta Act”) provides for an order to close down the instant violation in addition to revocation of permission, but Article 17 of the Addenda (amended by Act No. 8010, Mar. 24, 2014) provides that “Any administrative disposition against the instant violation shall be governed by the previous provisions.”
(2) Article 18(1) of the former Livestock Excreta Act provides that “Where a person fails to engage in raising livestock for at least three years without good cause, permission for installation shall be revoked.” Thus, the order of closure is unlawful disposition lacking legal basis.” Article 18(1)2 of the former Livestock Excreta Act provides that “If a person fails to engage in raising livestock for at least three years without good cause, the permission for installation shall be revoked.” Article 18(1)2 of the former Livestock Excreta Act provides that “If a person fails to engage in raising livestock for at least three years without good cause, the permission for installation of a waste-generating facility shall be revoked.”