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(영문) 부산고법 1992. 4. 17. 선고 91구407 제1특별부판결 : 확정
[지육냉장출고시행지시처분취소][하집1992(1),555]
Main Issues

The case holding that the disposition which the Do governor ordered the Do governor to refriger air conditioners pursuant to the Regulations on the Shipping out of the Government (No. 90-46 of the Ministry of Agriculture and Forestry No. 90-12 of Nov. 2, 1990) on the ground that the Do governor did not consult with the Busan Metropolitan City and the Busan Metropolitan City.

[Reference Provisions]

Article 15 of the Livestock Products Sanitary Treatment Act, Article 2 of the Regulations on the Removal of Unclaimed Land from Bonded Area, Article 4 of the same Regulations

Plaintiff

Co., Ltd.

Defendant

Do Governor of Gyeongnam-do

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Purport of claim

On January 26, 1991, the order of the plaintiff to conduct air conditioners against the plaintiff on January 26, 1991 shall be revoked.

Reasons

The defendant shall determine the facts of Gap's 1, Eul's 2, Gap's 3 through 7, Eul's 1, Gap's 11, Eul's 13, Eul's 1 through 8, and his testimony of Lee's 10, which are included in the Busan Metropolitan City's 200's 177. The plaintiff shall not be included in the plaintiff's 1's 1's 2's 3's 1's 1's 'the 1' 'the 1' 'the 2' 'the 1' 'the 1' 'the 1' 'the 'the 1' 'the 'the 1' 'the 'the 'the 1' 'the 'the 'the 'the 'the 1' 'the 'the 'the 'the 'the 'the 1' 'the 'the 'the 1' 'the 'the 'the 1'the ' the ' the 1' the ''' the 1' the 'the ' the 1' the ' the ' the ' the 'the 1'the 'the '.

According to Article 2 (1) of the above provision, the plaintiff's order of this case was applied even though the plaintiff's management's removal from the slaughterhouse to the Busan Metropolitan City is not subject to the above provision as it does not mean removal of the land outside the administrative district based on the administrative district, but it means removal of the land from the area outside the administrative district determined by the Do governor. The defendant asserts that the plaintiff's management's removal from the slaughterhouse to the Busan Metropolitan City is illegal because it is an act of removal from the slaughterhouse to the Busan Metropolitan City. The above order of this case is not based on the ground that the above order of this case is illegal. Second, the issue of removal from the air conditioning is for the prevention of air conditioning, etc., and the issue of removal from the air conditioning, which requires air conditioning, should be determined specifically in consideration of external temperature, distance, and time required for removal from the slaughterhouse to the Busan Metropolitan City, and thus, the plaintiff's above order of removal from the air conditioning to the Busan Metropolitan City cannot be seen to be unlawful since it is not necessary for the plaintiff's air 2.

Therefore, even if the defendant's right to use the slaughterhouse in Busan Metropolitan City to take measures necessary for the control of livestock products is recognized to cause harm to the Minister of Agriculture and Forestry or necessary for the promotion of livestock industry, the Minister of Agriculture and Forestry announced the provision of this Act for the sanitary treatment and establishment of distribution order of unclaimed land which was removed from the slaughterhouse to the Busan Metropolitan City to the extent that the non-permanent area was not determined by the Do governor in consideration of convenience of the use of the slaughterhouse, and the designation of the area within the jurisdiction of the Do governor can be applied to the non-permanent area to the Do governor because the defendant's right to use the slaughterhouse to use the slaughterhouse to the non-permanent area to the non-permanent area of Busan Metropolitan City to the extent that the non-permanent area of the Metropolitan City to which the non-permanent area of the Metropolitan City was determined by the Do governor because the non-permanent area of the non-permanent area of the Metropolitan City to the extent that the non-permanent area of the non-permanent area of the Metropolitan City to which the non-permanent area was determined by the Do governor.

Therefore, the plaintiff's claim of this case seeking revocation is dismissed as it is unlawful, and it is so decided as per Disposition.

Judges Ansan-gu (Presiding Judge)

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