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(영문) 창원지방법원 2017.06.27 2016구합52543

규제대상소음원사용금지명령처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operates a business office in the Haban-gun B (hereinafter “instant business office”).

B. On July 18, 2016, the Defendant received a civil petition demanding the noise measurement of the instant place of business from residents residing in the vicinity of the said place of business, and measured the noise noise of the upper and lower work of the instant place of business from July 25, 2016 to 20:20.

On July 26, 2016, the Defendant ordered the Plaintiff to take measures to ensure that the noise level is below the control standard, such as adjusting working hours until August 29, 2016, pursuant to Article 23(1) of the Noise and Vibration Control Act, inasmuch as the noise level was measured above 50% and above 71%, which is the control standard for living noise.

E. After the deadline for implementing the above order to take measures, the Defendant measured the noise of the instant place of business from September 6, 2016 to 21:00, the Defendant measured the noise of the instant place of business from September 6, 2016, and as a result, exceeded the regulatory standard.

Accordingly, on September 8, 2016, the Defendant notified the Plaintiff that the Plaintiff would be ordered to prohibit the use of the vehicles that caused the noise subject to regulation on the ground that the order to take the above measures was not implemented.

F. On September 22, 2016 and September 27, 2016, the Plaintiff submitted a performance report and written opinion to the Defendant that the Plaintiff takes relevant measures, such as concluding a contract for the installation of soundproof facilities, but on September 27, 2016, the Defendant issued a disposition ordering the Plaintiff to prohibit the use of the Plaintiff from taking measures from October 13, 2016 until it takes measures below the regulatory standards on the ground that the Plaintiff’s failure to take measures and exceeded the regulatory standards.

(hereinafter referred to as the "disposition of this case"). [This case's disposition] The fact that there is no dispute, Gap's evidence 2 through 6, Eul's evidence 1 through 13 (including branch numbers) and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on deviation from and abuse of discretionary power

A. In the case of a horn attached to the plaintiff's argument for the plaintiff's assertion, it is a device that must be mandatorily attached to the law, and the forkn's vehicle is a selective distribution business.