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(영문) 창원지방법원 2019.05.16 2018구합53137
분뇨배출시설설치허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 19, 2015, the Plaintiff obtained permission for the installation of livestock excreta discharge facilities from the Defendant on the five lots outside Gohap-gun, Chungcheongnam-gun, and the Plaintiff was engaged in livestock farming business from that time.

B. On June 11, 2016, the Plaintiff was aware of the act of discharging approximately 9.91 cubic meters of livestock excreta into farming roads in the course of moving livestock excreta separated from the largest amount from the facilities for converting livestock excreta into the storage. On July 5, 2016, the Plaintiff received warning from the Defendant pursuant to Articles 17(1)2 and 18 of the Act on the Management and Use of Livestock Excreta (hereinafter “Act on the Management and Use of Livestock Excreta”).

(hereinafter referred to as “the primary violation” and “the primary disposition”). (c)

On July 1, 2018, the Plaintiff was exposed to the Defendant by using a ice with livestock excreta stored in a livestock excreta discharge facility, thereby discharging it into a river without permission.

(hereinafter “instant violation”). D.

Article 17 [Attachment 7] of the Enforcement Rule of the Livestock Excreta Act on the ground that “the Plaintiff violated Article 17(1)2 of the Livestock Excreta Act prohibiting the Plaintiff from discharging livestock excreta flowing into a disposal facility in an intermediate state without converting it into resources, and again committed the instant violation within two years after receiving the first disposal in violation of Article 17(1)2

2.(a)

10) In applying the criteria for administrative disposition regarding the secondary violation set forth in subparagraph A, on September 14, 2018, the Plaintiff revoked the permission for the installation of livestock excreta discharge facilities pursuant to Article 18 of the Livestock Excreta Act.

(‘instant Disposition’). [Grounds for Recognition] A without dispute, A 1, 2, B 3-2, 6, 8-1 (including number, hereinafter the same shall apply), the purport of the entire pleadings.

2. Whether the disposition of this case is legitimate;

A. The Plaintiff’s assertion 1) Article 17 of the Enforcement Rule of the Livestock Excreta Act [Attached Table 7]

1. The provisions of the latter part of the general standard (b) include the day of taking an administrative disposition against the violation and the day of detection of the same violation again after taking the same disposition, respectively, and the calculation of the frequency of violation constitutes the criteria for administrative disposition according to the frequency of the violation.

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