폐쇄명령처분 취소
1. The Defendant’s disposition of closure against the Plaintiffs on May 15, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiffs, as a company or individual entrepreneur that mainly engages in the production and development of main products, has been doing business after filing a report on factory registration and installation of air discharge facilities in Kimpo-si, Ma, N, andO as a planned control area prescribed by the former National Land Planning and Utilization Act (amended by Act No. 13475, Aug. 11, 2015; hereinafter “former National Land Planning Act”) (hereinafter “former National Land Planning Act”).
B. On the control date indicated in the separate sheet No. 1, the Defendant carried out an irregular control of each factory operated by the Plaintiffs. The Defendant’s air emission facilities listed in the above list (hereinafter “instant facilities”) discovered bene, mercury, chrode, and saldehyde, which are specified hazardous air pollutants.
C. On May 15, 2015, the Defendant issued an order to close down the instant facilities (hereinafter “instant disposition”) pursuant to Articles 23(1), 38, and 84 of the Clean Air Conservation Act, Article 71(1)19 and [Attachment 20] and [Attachment 19] of the former Enforcement Decree of the National Land Planning Act (amended by Presidential Decree No. 26381, Jul. 6, 2015; hereinafter the same shall apply), Article 30 of the former Ordinance on the Urban Planning of Kimpo-si (amended by Ordinance No. 1217, Sept. 30, 2015; hereinafter the same shall apply) on the grounds that “the Plaintiffs installed and operated the instant facilities without any permission, in a planned control area.”
Meanwhile, Article 11 of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same), Article 71(1)19 and [Attachment 20] of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 26705, Dec. 10, 201; hereinafter the same), [Attachment 19], etc. shall be specified by Ordinance of the Ministry of Environment, which discharges specified hazardous substances on December 10, 2015.