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(영문) 제주지방법원 2019.02.15 2017구합6017
가축분뇨 배출시설 설치허가 취소처분 취소청구의 소
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. The Plaintiff operates a two-way farm with the trade name “G” on the ground of Jeju-si B, C, D, E, and F.

B. On June 11, 1997, with permission for installation under Article 11 of the Act on the Management and Use of Livestock Excreta (hereinafter “the instant permission”), the Plaintiff installed livestock excreta and disposal facilities, such as livestock excreta-generating facilities, composting facilities, and liquidization facilities to operate the said farm. Since then, the Plaintiff extended waste-generating facilities and disposal facilities, or partially changed the details of livestock excreta disposal, etc., on 15 occasions in total, from September 12, 1997 to May 15, 2017, and received the said permission for alteration on 15 occasions in total.

C. On July 12, 2017, when a large volume of livestock excreta occurred from land located at H in Jeju-si, the Jeju Special Self-Governing Province Autonomous Police Authority (hereinafter “the Autonomous Police Authority”) started an investigation. As a result of the investigation, the Plaintiff entered the same as the following facts in a suspected violation of the Livestock Excreta Act. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, livestock excreta, or manure into public waters (Article 10(1) of the Livestock Excreta Act) shall not commit an act to prevent it from flowing it into public waters or have concerns over flowing it into public waters.

1) Nevertheless, during the period from 2013 to July 2017, the Plaintiff sent excreta generated in the course of raising 3,000 pigs annually from Slurry pit to the primary storage unit, and then released livestock excreta without permission, by knowing that foul waste flows out in the process of separating excreta from slurry pit through a high curry separation machine, so that livestock excreta flows out of a high curry separation machine to the underground space of a storage tank with a high curology and urology of an unspecified quantity (hereinafter “former storage tank”) on November 2015.

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