The costs of appeal are assessed against the Plaintiff.

1. According to Article 8(1)1 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 13526, Dec. 1, 2015; hereinafter “former Livestock Excreta Act”), the head of a Si/Gun/Gu may designate and publicly notify a specific area as prescribed by municipal ordinance to restrict livestock raising in an area where restriction on livestock raising is deemed necessary among “area where protection of a living environment in a concentrated residential area is necessary for the preservation of the living environment of local residents or the preservation of the quality of water sources.”

This is to prevent damage to the living environment of neighboring residents from pollution of malodor, wastewater, etc. caused by livestock breeding by cutting a certain distance from residential areas and raising livestock.

The above provision provides for the designation of a zone where livestock raising needs to be restricted for the purpose of preserving the living environment of local residents or preserving the quality of water sources, to “area where the protection of the living environment in a residential densely-populated area is required.” The details of the criteria for the designation of a zone where livestock raising is restricted are determined by the Ordinance of the head of Si/Gun/Gu by using the abstract concept such as “living environment preservation of local residents” and “area where the protection of the living environment in a residential densely-populated area is required” and “area where the protection of the living environment in a residential densely-populated area is required.”

Accordingly, Article 3(1)1 [Attachment 2] of the former Ordinance on the Restriction of Livestock Raising of Geumsan-gun (amended by Ordinance No. 1996, Sept. 7, 2015; hereinafter “instant Ordinance”) of the Geumsan-gun (amended by Ordinance No. 2065, Nov. 23, 2016; hereinafter “instant Ordinance”) shall be the types of livestock.