영업정지처분취소
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. Details of the disposition;
A. The Plaintiff was granted permission for the installation of livestock excreta discharge facilities from Gohap-gun, Gohap-gun, to operate the instant discharge facilities with the trade name “C” (hereinafter “instant discharge facilities”).
B. On May 23, 2013 and September 6, 2013, the Plaintiff was found to have violated Article 17(1)2 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “former Livestock Excreta Act”).
C. Accordingly, on November 15, 2013, the Defendant issued a disposition to suspend the business of the instant discharge facilities for six months after the grace period is six months (from November 15, 2013 to May 14, 2014) pursuant to Article 17(1) [Attachment 5] of the former Enforcement Rule of the Livestock Excreta Act (amended by Ordinance of Ministry of Environment No. 599, Mar. 25, 2015; hereinafter the same shall apply) based on Articles 17(1)2 and 18(1) and (2) of the former Livestock Excreta Act on the ground that the Plaintiff committed a violation of the same Act twice a year against the Plaintiff. < Amended by Presidential Decree No. 25748, May 15, 2014; Presidential Decree No. 25757, Nov. 14, 2014>
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 17(1)2 of the former Livestock Excreta Act can be deemed as a violation only in cases where the Plaintiff’s act of discharging livestock excreta halfway is intended or intentional under the interpretation of the relevant laws and regulations. The intermediate act of discharging livestock excreta, for which the permission for the installation of discharge facilities can be revoked under Article 18 of the former Livestock Excreta Act, should be deemed as a serious violation, as long as it is reasonable to revoke the permission for installation from the perspective of public interest.
However, the first livestock excreta was on May 23, 2013.