악취관리지역 외의 악취배출 신고대상시설 지정ㆍ고시 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On or after March 31, 2012, the Plaintiff, a private investment project entity, operates a public disposal facility for livestock excreta B (hereinafter “instant disposal facility”).
B. The Governor of Jeollabuk-do, on August 28, 2015, designated and publicly announced as malodor-emitting facilities, other than the malodor control area of the instant treatment facilities, on the ground that “The instant treatment facilities have arisen once from the summer in 2014 to June 35, 2015, and exceeded permissible emission levels on August 29, 2014; and on January 12, 2015, the Governor of Jeollabuk-do designated and publicly announced as malodor-emitting facilities, other than the malodor control area of the instant treatment facilities, as facilities subject to reporting.”
(hereinafter “First Disposition”). (c)
The Plaintiff filed a lawsuit seeking revocation of the first disposition as Jeonju District Court 2016Guhap1407.
On September 28, 2017, the above court rendered a decision revoking the first disposition on the ground that it is difficult to deem that the emission of the composite malodor exceeding permissible emission levels was conducted not less than three times, which served as the ground for the first disposition, and the above judgment became final and conclusive.
On September 21, 2016, the Defendant filed a lawsuit seeking revocation of the first disposition with the Plaintiff on September 21, 2016, and issued an improvement order to maintain the Plaintiff to maintain the permissible emission level below the permissible emission level by October 20, 2016.
On November 21, 2016, the Plaintiff issued an improvement order to the same effect as the improvement order on September 21, 2016, and issued an improvement order to the Plaintiff until December 20, 2016. On February 23, 2017, the Plaintiff issued an improvement order to maintain the malodor below the permissible emission level until March 24, 2017.
E. On November 10, 2017, pursuant to Article 8-2(1) of the Malodor Prevention Act, the Defendant was designated and publicly notified as a malodor-emitting facility, other than the malodor control area in the instant treatment facility, on the ground that “the instant treatment facility continues to have exceeded permissible emission standards for malodor civil petitions and malodor in the instant treatment facility.”
(hereinafter referred to as “instant disposition”). [The ground for recognition] does not dispute.