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(영문) 수원지방법원 2019.05.14 2018구합70500 (1)
가축분뇨 배출시설 설치허가 취소의 소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 5, 2017, M filed a construction report with the Defendant on July 18, 2017, on an animal and plant-related facility of the total floor area of 2,371.5 square meters (so-called “so-called “so-called the instant livestock site”) with the content that eight buildings were newly built, and filed a commencement report on July 18, 2017.

B. Article 3(1) of the former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 1159, Sept. 9, 2016; amended by Ordinance No. 1241, Aug. 4, 2017; hereinafter “Ordinance No. 1159”) which was in force at the time of the said building report, stipulated that the Defendant may designate and publicly notify the restricted area of livestock raising and restrict livestock raising in the relevant area (Article 3(1)), but there was no specific provision regarding restricted areas of livestock raising.

C. Article 1159 Ordinance was amended by the former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 1241, Jul. 13, 2018; hereinafter “Ordinance No. 1241”) on August 4, 2017.

The Ordinance No. 1241 sets the area within 300 meters in which the nearest straight line from the boundary of the site where livestock excreta discharge facilities is planned to be installed to the boundary of the site where livestock excreta discharge facilities are located as a restricted area for livestock breeding

(Article 3(1) and attached Table 1). In addition, Article 1 of the Addenda stipulates that six months have passed after the date of enforcement ( February 5, 2018), and Article 2 of the Addenda provides for transitional provisions, the matters of authorization and permission applied prior to the enforcement of this Ordinance shall be in accordance with the previous provisions, and if the previous provisions are more unfavorable than the amended provisions, they shall be in accordance with the amended provisions.

On January 16, 2018, the Defendant publicly announced “a topographic map for a zone subject to livestock breeding restriction” with the same content as a zone subject to livestock breeding restriction pursuant to the Ordinance No. 2018-22, and No. 1241 of the Ordinance, which became effective from February 5, 2018.

(e) Ordinance No. 1241 (Ordinance) shall be issued on July 13, 2018, Ordinance on the Management and Use of Livestock Excreta in the current Sosung City.

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