토양정밀조사명령처분 취소
1. The Defendant’s disposition of ordering the detailed soil survey against the Plaintiff on November 7, 2014 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. From September 10, 1985 to September 10, 1985, the Plaintiff manufactured sanitary plastic products, such as bathing and painting, from the time when the said land was incorporated into a housing site creation project in the area of the emulative coal 2 district and the above land was removed, to August 2012.
B. On October 12, 2013, the Defendant received a civil petition that wastes were illegally buried on the instant land, and on October 15, 2013, the Defendant excavated 40 points out of the instant land and confirmed whether to reclaim wastes on October 15, 2013, pursuant to Article 11(2) of the former Soil Environment Conservation Act (amended by Act No. 12522, Mar. 24, 2014; hereinafter the same), conducted an investigation on the source of pollution and the pollution level of the instant land pursuant to Article 11(2) of the former Soil Environment Conservation Act, and requested the Gyeonggi-do Public Health and Environment Research Institute to inspect the soil contamination level of samples collected from the said land.
C. On November 4, 2014, the Defendant issued an order to conduct a detailed soil survey pursuant to Article 11(3) of the former Soil Environment Conservation Act and Article 5-3(1) of the former Enforcement Decree of the Soil Environment Conservation Act (amended by Presidential Decree No. 26160, Mar. 24, 2015; hereinafter the same) to the Plaintiff on November 7, 2014, that the instant land exceeds the potential soil contamination level (the instant soil contamination level 3).
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4, 6, and 7, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion asserts that the disposition of this case is unlawful on the following grounds.
1 The instant disposition is subject to the authority of the chemical market pursuant to Article 11(3) of the former Soil Environment Conservation Act, and it has been in force at the time of the instant disposition.