beta
(영문) 전주지방법원 2018.06.20 2017구합1008

가축분뇨 배출시설 설치신고 수리취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff reported the construction of the instant fraternity 1) The Plaintiff is the 1,468 square meters of paddy-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”).

(2) The building of this case shall be 701.80m2, 75.34m2 in a manager, 2.61m2 in a warehouse, and 2.1m2 in a toilet (hereinafter “instant building”).

(2) On April 16, 2015, the Plaintiff filed a building report with the Defendant on April 16, 2015, stating that he/she would remodel the instant site of the instant land into two animal and plant-related facilities of a building area of 550 square meters or more (hereinafter “the instant building”).

B. 1) The details of the instant report and acceptance are as follows: The Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”).

(1) Article 8(1)1 of the Ordinance on the Management and Use of Livestock Excreta in Toyju (hereinafter “instant Ordinance”)

(2) On May 19, 2015, the Defendant demanded the Plaintiff to supplement the report on installation of emission facilities subject to reporting under Article 11(3) of the Livestock Excreta Act, which were existing prior to the designation and public notice of an area subject to livestock breeding restriction pursuant to Article 8(2) of the Addenda of the Livestock Excreta Act (referring to the Addenda of Act No. 12516, Mar. 24, 2014; hereinafter the same) by submitting the evidentiary documents prescribed and publicly notified by the Minister of Environment, which were located prior to the designation and public notice of an area subject to livestock breeding restriction pursuant to Article 3(3) [Attachment Table 1].

3) On May 2015, the Plaintiff reported to the Defendant that he will install livestock excreta discharge facilities pursuant to Article 11(3) of the Livestock Excreta Act and Article 8 [Attachment 2] of the Enforcement Decree of the Livestock Excreta Act (hereinafter “instant report”).

(2) Article 8(2) of the Addenda to the Livestock Excreta Act provides that “The Ministry of Environment shall notify the Ministry of Environment (Public Notice No. 2014-125, hereinafter referred to as the “Ministry of Environment”).”

Pursuant to subparagraph 4.