폐쇄명령처분 취소의 소
1. The Defendant’s order of closure issued against the Plaintiff on September 2, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff, as its main business, engaged in the production and development of main products, has been running its business after filing a registration of factory and a report on installation of standby emission facilities in the factory in Kimpo-si, Kimpo-si, which is a planned control area as prescribed by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
B. On July 8, 2015, the Defendant requested the Gyeonggi-do Health and Environment Research Institute to conduct an examination of the emission of specific air pollutants on two half-lanes in 9 cubic meters (hereinafter “instant facilities”), which were installed in the Plaintiff’s factory, on the part of the Plaintiff’s company. The Defendant detected hazardous air pollutants (0.008mg/S cubic meters), nicotine (003mg/S cubic meters), which are specified hazardous air pollutants (0.003mg/S cubic meters), and soft (0.016pm)
C. On September 2, 2015, the Defendant issued an order to close down the instant facilities (hereinafter “instant disposition”) based on Articles 23(1), 38, and 84 of the Clean Air Conservation Act, Article 71(1)19 and [Attachment 20] and [Attachment 19] of the former Enforcement Decree of the National Land Planning Act (amended by Presidential Decree No. 26381, Jul. 6, 2015; hereinafter the same shall apply), Article 30 of the former Ordinance of the City Planning (amended by Ordinance No. 1217, Sept. 30, 2015; hereinafter the same shall apply) on the ground that “the Plaintiff installed and operated the instant facilities without any permission, in a planned control area.”
Meanwhile, Article 11 of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same) which prohibits the installation of specified hazardous air pollutants emission facilities in a planned control area, and Article 71(1)19 and attached Table 20 of the former Enforcement Decree of the National Land Planning and Utilization Act [Attachment Table 19] and [Attachment Table 19], etc. are subject to the said restriction only when “where specified hazardous air pollutants emitted exceed the standards prescribed by Ordinance of the Ministry of Environment” on December 10, 2015.