영업정지처분취소
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 reasoning for the judgment of the court of first instance regarding this case is as stated in the reasoning for the judgment of the court of first instance, except for adding the following judgments as to the new argument of the plaintiff at the trial of the court of first instance between the 8th and 13th of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of
【Supplementary Judgment】 The Plaintiff asserts that the delegation clause deviates from the limit of delegated legislation, on the premise that Article 25(9)4 of the Wastes Control Act, which is a delegation clause, delegates only "administrative and procedural matters" such as the preparation, storage, etc. of a contract at the time of waste treatment to the Minister of Environment.
Article 32 and [Attachment 8] of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of the Ministry of Environment No. 664 of July 21, 2016)
4. Article 25(9)4 of the Wastes Control Act (hereinafter “instant rule provision”) asserts that the instant disposition based on the instant provision is unlawful as it exceeds the delegation scope under Article 25(9)4 of the Wastes Control Act, which is an authorized law.
An order of delegation can be issued when there is an individual delegation that sets a specific scope in the law or upper level order. Here, the specific scope of delegation varies depending on the type and character of the subject matter to be regulated, and thus, uniform standards cannot be set. However, at least, since the basic matters of the contents and scope to be stipulated in the delegation order are specifically stipulated in the relevant law or upper level order, anyone can predict the outline of the contents to be stipulated in the delegation order from the relevant law or upper level order, but in this case, the predictability of the delegation clause does not necessarily be determined with only one of the pertinent delegation clause, but shall be systematically integrated with the overall structure and purpose of the law or upper level order to which the relevant delegation clause belongs, the relevant delegation clause