[온천법위반][집34(1)형,371;공1986.3.15.(772),426]
Whether it falls under Article 26 subparagraph 1 of the Hot Spring Act, so-called a violation of an order to improve the facility to install and use a water meter.
An order for the improvement of facilities to install a water purifier with a measuring instrument in the inn or bath using hot spring water is an order to promote the adequate protection of hot spring due to the efficient supply and demand of hot spring water and is particularly necessary to promote the utilization of hot spring as provided by Article 15 of the Hot Spring Act. Thus, the so-called violation satisfies the requirements of Article 26 subparagraph 1 and Article 15 of the Hot Spring Act.
Articles 26 and 15 of the Hot Spring Act
Defendant 1 and 10 others
Defendants
Attorney Lee Jae-won for the Defendants
Busan District Court Decision 85No628, 1086, 1085, 1086, 1087, 1087, 1091, 1094, 1095, 1098, 1101, 1102(combined) Decided October 18, 198
All appeals are dismissed.
The grounds of appeal No. 1 and No. 2 of the Attorney Lee Won-won for the defendant et al. are collected together.
Article 15 of the Hot Spring Act provides that when the Do governor deems it particularly necessary for the promotion of the utilization of hot spring and the public health, the Do governor may order the manager of the hot spring utilization facilities to take measures necessary for the improvement of hot spring utilization facilities or management. It is concluded that the promotion of the utilization of hot spring refers to the appropriate protection of hot spring such as the efficient supply and demand of
According to the judgment of the court below, the defendant et al. violated an order issued by the head of Dong/Dong (the authority delegated by the head of Busan Metropolitan City and Metropolitan City pursuant to the Hot Spring Act) to improve the use of hot spring water to install and use the water to 6.10 days in the same year through two times from May 2, 1984 and June 9 of the same year for the efficient utilization and management of hot spring water used for the inn or bath which the defendant et al. operates from the private ground developed by the defendant et al., and the defendant et al. violated the order despite the order issued by the head of Dong-dong (the authority delegated by the head of Busan Metropolitan City under the Hot Spring Act) to improve the use of the water to 6.10 days in the same year. Thus, the order issued by the head of Dong-dong head to improve the facilities of hot spring in order to promote the proper protection of hot spring due to the efficient supply and demand of hot spring water
Therefore, although there is an expression of defect that is somewhat inappropriate at the time of the original adjudication, the measures taken by the defendant, etc. in violation of Article 26 subparagraph 1 or Article 15 of the said Hot Spring Act are justified and there is no error of law that misleads the interpretation of the legal principles of punishment or erroneous interpretation and application of Article 15 of the Hot Spring Act.
At the time of the original adjudication by the defendant, etc., whether the so-called does not meet the requirements of Article 15 of the above Hot Spring Act, or the order for the improvement of facilities of the head of the present Dong-gu cannot be employed since it is merely an independent opinion that is irrelevant to the promotion of utilization of hot spring water and null and void. Therefore, there is no reason to discuss the appeal.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Chang-chul (Presiding Justice)