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(영문) 서울고등법원 2017.04.21 2016누76482

대기환경보전법 위반에 따른 행정처분[사용중지명령]취소

Text

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.

Reasons

1. The contents of the Plaintiff’s assertion in the trial at the trial while appealed from the judgment of the court of first instance are not significantly different from the contents of the Plaintiff’s assertion in the trial at the court of first instance. Even in consideration of the evidence submitted at the court of first instance and the Plaintiff’s assertion in the court of first instance and the trial at the court of

Therefore, the reasoning for the judgment of the court concerning this case is that the reasoning for the judgment of the court of first instance is as stated in the part of the reasoning for the judgment of the court of first instance, except where the court added the reasons for the judgment of the court of first instance between the first and the second, the fifth, and applied the second, "(3)" to "4," and thus, it cited it in accordance with Article 8(2) of the Administrative Litigation Act, the main text of Article 420

【Supplementary Part】 3) The Plaintiff shared the gas station of this case by four persons including the Plaintiff, and the Plaintiff’s disposition of this case is unlawful.

According to Articles 12(3) and 14(1) and (3) of the Soil Environment Conservation Act, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may order an installer, including an operator, of a specific facility subject to the control of soil contamination, to conduct a close inspection of soil or to take measures to purify contaminated soil, and if he/she fails to comply with an order to take measures, he/she may

Meanwhile, according to Article 10-4(1) and (4) of the Soil Environment Conservation Act, “the owner, occupant or operator of facilities subject to the control of soil contamination, a person who currently owns or occupies the land on which soil contamination has occurred,” etc. may become a person responsible for purification, and where a person responsible for purification, etc. ordered to purify soil at his/her own expense pursuant to Article 14(1) of the Soil Environment Conservation Act, a person responsible for purification, etc. may exercise a claim for reimbursement for the portion

Therefore, the Defendant's Land Environment Preservation Act around April 24, 2012.