폐쇄명령처분 취소의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The Defendant’s June 30, 2015 to the Plaintiff.
1. The reasoning of the judgment of the court of first instance as to this case is to be replaced by the attached law of the court of first instance as to this case, and the argument and judgment as to the existence of the grounds for disposition are as follows 2.
The judgment on the unconstitutionality of the applicable law is made as set forth in paragraph 2.B.
Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Parts to be corrected and added; and
A. The part to be corrected: The plaintiff's argument about the existence of the grounds for disposition and the 3th to 13th to 6th to 3th, 6th, 3th to 8th, as follows. The plaintiff's argument that the Gyeonggi-do Health and Environment Research Institute did not guarantee the appropriateness of the investigation method or investigation process when it conducts an inspection of the emission of specific air pollutants in the facility of this case, and it did not confirm the precision and degree of error on the records obtained as a result of the investigation. Although it is necessary to undergo at least twice an investigation, the disposition of this case based on the results of the one time discharge inspection is unlawful. 2) Even though it is necessary to undergo an investigation at least twice, administrative laws and regulations, which form the basis of the one time discharge inspection, should be strictly interpreted and applied, and it should not be excessively expanded or analogically interpreted in the direction unfavorable to the party to the administrative disposition (see, e.g., Supreme Court Decision 2007Du13791, 1387, Feb. 28, 2008).
Where an administrative agency installs a emission facility without obtaining permission for installation in an area in which the installation of a emission facility is impossible, as an erosion administrative disposition which deprives citizens of the rights and interests of citizens or imposes sanctions, the administrative agency shall improve and improve the emission facility.