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(영문) 제주지방법원 2019.02.15 2018구합5288
가축분뇨배출시설설치허가취소처분 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 is the representative of the two kinds of money farm of “C” in Jeju City (the name of “C” was the Plaintiff’s representative, but its trade name and representative was changed as of January 8, 2009). However, the above farm was operated by E and F, only in the name of the Plaintiff but also in fact, only in the name of the Plaintiff.

B. On April 15, 1997, E obtained permission for installation of livestock excreta under Article 11 of the Act on the Management and Use of Livestock Excreta (hereinafter “the instant permission”), and installed livestock excreta discharge facilities and disposal facilities, such as swine breeding facilities and composting facilities, for the operation of the said farm. From E, the Plaintiff succeeded to the status of the representative of the said farm, on four occasions as a result of the Plaintiff’s extension of discharge facilities and disposal facilities or partial alteration of the details of livestock excreta disposal, etc.

C. On July 12, 2017, when livestock excreta was discharged in G at the city of Jeju, Jeju Special Self-Governing Province (hereinafter “the Autonomous Police Association”) started an investigation. As a result of the investigation, E and F were suspected of being in violation of the Livestock Excreta Act, as follows:

E and F shall be designated at the point below 1m for the purpose of discharging livestock excreta intentionally at a point 70 cm from the upper part of the 3 storage tank to the lower part, and discharging livestock excreta by drilling fishing gear of 18 cm in diameter from the upper part of the 3 storage tank to the lower part of 70 cm for the purpose of extending one storage tank (122 tons), two storage tanks (270 tons) and three storage tanks (98 tons), which is necessary to increase the number of livestock breeding water in collusion and jointly operated in 203, and discharging livestock excreta by drilling fishing gear of 18 cm in diameter from the upper part of the 2 storage tank to the lower part of the 2 storage tank to the lower part above the ground.

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