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(영문) 창원지방법원 2014.11.07 2014구합586

허가취소처분취소

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 company that registered livestock breeding business on September 18, 2012 and operates 1,495 square meters in the name of “C” in the name of “C” in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant discharge facilities”).

B. On November 23, 2012, the Plaintiff: (a) installed two dong (40 square meters, 244 square meters); (b) three dong (124.34 square meters, 168 square meters, 167.2 square meters); and (c) one dong (1280 square meters) of a storage facility (124.34 square meters, 168 square meters, 180 square meters) with respect to the instant discharging facility from the Defendant with respect to the instant discharging facility; and (d) obtained permission to install a livestock excreta discharging facility with the purport of entrusting the disposal of livestock excreta to

C. On February 27, 2013, the Defendant issued a warning to the Plaintiff on the ground that the Plaintiff violated Article 17(1)2 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) on the ground that the Plaintiff discharged livestock excreta flowing into the instant disposal facility without converting it into resources, around January 24, 2013.

While the Plaintiff operated the instant discharge facility on November 3, 2013, around 20:40, the Plaintiff leaked approximately 468.9 cubic meters of livestock excreta, which was stored in the compost company, due to the decline of the prevention of divulgence, to D (hereinafter “instant violation”), and the Defendant discovered the instant violation on the same day.

E. Accordingly, the Defendant on December 23, 2013, and on the ground that the Plaintiff violated Article 17(1)2 of the Livestock Excreta Act twice on January 24, 2013, and November 3, 2013, Article 18(1)4 of the same Act, and Article 17(1) [Attachment Table 5]2 of the Enforcement Rule of the same Act

A. (1) From July 23, 2014, which was seven months after the grace period (from December 23, 2013 to July 22, 2014), a disposition was issued to revoke the permission for the installation of the instant discharging facility (hereinafter “instant disposition”).

(ii) [The facts without dispute over the basis of recognition, Gap's evidence 1, 2, 6, Eul's evidence 3-1, Eul's evidence 15, 22, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Article 17 of the Livestock Excreta Act alleged by the Plaintiff.