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(영문) 부산고등법원 2018.08.24 2018누20795

대기 및 폐수배출시설신고수리불가처분취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds that the defendant cited in the judgment of the court of first instance claims as the grounds for appeal by this court are no different from those in the judgment of the court of first instance.

Even if the Defendant re-examines the reasons alleged by the Defendant in the trial, the statement No. 31 additionally submitted, and the fact-finding results on the Korea Industrial Complex Corporation of this Court, the fact-finding and judgment of the first instance court are justifiable, which stated, “The type of business the Plaintiff intends to operate in the factory of this case according to the instant report is the manufacturing industry (Classification No. 10401) of animal nature under the Korean Standard Industrial Classification, and it does not constitute the feed manufacturing business, which is the category of business restricted to occupancy as provided in the instant notice, and it is difficult to recognize that there is a need for public interest not to accept the instant report due to serious environmental damage, such

Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this court cites it as it is in accordance with Article 8(2)

(hereinafter the meaning of the abbreviationd language used in this context is as follows: 2. 2. Cutd or added part of the last 6th to 14th jum.

2) Article 2 subparag. 11 of the Clean Air Conservation Act and Article 5 [Attachment Table 3] of the Enforcement Rule of the same Act specifically stipulate the scope of “air pollutant emitting facilities” under the Clean Air Conservation Act in accordance with certain standards (scale, etc.). Article 23(1) of the Clean Air Conservation Act and Article 11(1) and (2) of the Enforcement Decree of the same Act stipulate the scope of “air pollutant emitting facilities” under the Clean Air Conservation Act.