대기초과배출부과금 부과처분 취소 청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On May 8, 2019, the Defendant collected samples for air pollution test against the Plaintiff’s 1 and 2 factories located in Jeonnam-si Public Health and Environment Research Institute (hereinafter “Research Institute in this case”) for air pollution test against the Plaintiff’s 1 and 1 factory waste gas incineration facilities (hereinafter “instant incineration facilities”).
B. On May 9, 2019, the instant researchers conducted a measurement survey of emission sources and emission quantities of air pollutants (hereinafter “instant measurement survey”) with respect to the samples taken as above, and issued a test report stating that the instant incineration facility’s emission exceeds the permissible emission levels (30 pm) (355.56 pm) and inappropriate standards.
C. On May 10, 2019, the Defendant notified the Plaintiff that the instant measurement and investigation result was emitted in excess of Maniia as seen above, along with the foregoing test report, and issued a prior notice of an administrative disposition (the first and second improvement order) pursuant to Article 84 of the Clean Air Conservation Act and Article 134 of the Enforcement Rule of the same Act. On May 17, 2019, the Defendant issued an order to improve the “improvement” of the relevant facility from May 17, 2019 to July 16, 2019 pursuant to Article 134(1) [Attachment Table 36] of the Enforcement Rule of the Clean Air Conservation Act.
On May 21, 2019, the Plaintiff confirmed on May 21, 2019 that “the results of the examination by the watch company have no possibility of emission of cancer above the emission standards. In addition, even based on the measurement date on which the improvement order was based and the measurement results of measuring agencies conducted after the improvement order, the Plaintiff submitted a report on the implementation of the order for improvement of emission facilities, stating that “The current emission of cancer only below the emission standards is confirmed in the instant facilities.”
The defendant, on May 29, 2019, notified the plaintiff that he/she accepted the above performance report.