영업정지처분취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the court of first instance as to the plaintiff's assertion in this case as stated in the following Paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Additional determination
A. The Plaintiff asserts that the judgment of deviation from the scope of delegation is unlawful as exceeding the scope of delegation of the former Environmental Examination and Inspection Act (amended by Ordinance of the Ministry of Environment No. 833, Dec. 20, 2019; hereinafter the same) in Article 16(1) of the Enforcement Rule of the Environmental Examination and Inspection Act (amended by Ordinance of the Ministry of Environment No. 833, Dec. 20, 2019; hereinafter the same) where the calculation basis of the result of intentional measurement is inaccurate or the result of measurement is calculated falsely (hereinafter the “instant Enforcement Rule clause”).
Whether a specific administrative rule complies with the limits of delegation should be determined by comprehensively examining the purpose and contents of the relevant provision of the Act and subordinate statutes, the structure of the provision, and the relationship with other provisions. A measuring agent may not be deemed to go beyond the scope of delegation if it is merely a clear and possible interpretation of the relevant provision of the Act and subordinate statutes, or it is intended to embody it based on the purport of the relevant provision of the Act and subordinate statutes (see, e.g., Supreme Court Decisions 2011Du15640, Oct. 27, 2011; 2014Du3020, 3037, Oct. 17, 2019); and the following circumstances revealed in light of the structure and contents of the relevant statutes, such as the former Environmental Testing Act and the Enforcement Rule, and (i) Article 18(1) of the former Environmental Examination Act, as prescribed by Ordinance of the Ministry of Environment, shall record the results of measurement and analysis, and shall be deemed to go beyond the scope