1. The instant lawsuit shall be dismissed.

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

Details of the disposition

The Plaintiff is operating a money shed in the name of Asan City B and C, a D farm (hereinafter “instant facility”).

The Defendant designated and publicly announced the instant facilities as malodor-emitting facilities, other than malodor control areas, pursuant to Article 8-2 of the Malodor Prevention Act on October 17, 2016, on the ground that malodor-related civil petitions related to malodor continue to be filed in the instant facilities for at least one year, and that the complex malodor or designated malodor-related substances exceed permissible emission levels at least three times (3 times, August 29, 2013; September 16, 2015; July 26, 2016).

(hereinafter “instant Disposition 1” (hereinafter “instant disposition”). 【Unstrifed without dispute, entry of evidence Nos. 1, 2, and 6 through 11, and the purport of the entire pleadings, ex officio, whether the instant lawsuit is lawful or not.

When an administrative disposition is revoked, such disposition shall lose its validity and no longer exists, and a revocation lawsuit against a non-existent administrative disposition shall be unlawful because it has no interest in the lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010, Supreme Court Decision 2004Du5317 Decided September 28, 2006, Supreme Court Decision 95Nu8119 Decided October 15, 1996, etc.). Article 8-2 of the Malodor Prevention Act shall apply to malodor-emitting facilities installed in an area, other than malodor control areas, in cases where civil petitions related to malodor continue to exist for at least one year, and the complex malodor or designated malodor exceeds permissible emission levels under Article 7 on at least three occasions, the relevant malodor-emitting facilities may be designated and publicly announced as facilities subject to reporting (paragraph (1)), and a person who operates malodor-emitting facilities designated and publicly announced pursuant to paragraph (1) shall report to the Mayor/Do Governor or the head of a metropolis, as prescribed by Ordinance of the Ministry of Environment, within six months from the date of such designation and public announcement, and a person who reports pursuant to paragraph (2) shall prepare and submit a malodor prevention plan together.