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(영문) 대구지방법원 2016.10.07 2016구합1051

조례무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

(a) Article 8(1) of the Act on the Management and Use of Livestock Excreta (hereinafter referred to as “livestock Excreta Act”), the head of a Si/Gun/Gu shall provide that the head of a Si/Gun/Gu shall designate and publicly notify an area as a riparian zone designated and publicly notified pursuant to Article 4(1) of the Act on Water Management and Resident Support in the Geum River Basin; “area requiring the protection of living environment as a residential densely-populated area”; “Water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act; special measures area under Article 38 of the Framework Act on Environmental Policy; and other areas requiring the preservation of water quality corresponding thereto; “Article 4(1) of the Act on the Improvement of Water Quality and Resident Support in the Geum River Basin; Article 4(1) of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins; “area beyond the environmental standards under Article 12 of the Framework Act on Water Management”; “the head of a Si/Gun/Gu may order the designation and public announcement of livestock to be restricted by the head of a Si/Gun as prescribed by municipal ordinance.”