1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. Under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff is running the non-motor vehicle funeral management business in the name of “D” in the first-class general residential area B (number address is “C in the original city”; hereinafter “instant business establishment”).

B. On March 21, 2017, the Plaintiff filed a report on the installation of an air pollutant emission facility (hereinafter “discharge facility”) with the content that “the Plaintiff installed one meter (108 cubic meters in capacity) of a Dozine facility (hereinafter “the instant facility”)” (hereinafter “discharge facility”) in order to perform an external restoration work under Article 23(1) of the Clean Air Conservation Act with the content that “the Plaintiff did not use the compressed air without any process, such as gold or melting, heat treatment, etc., and does not cover paintss on the parts of the surface of the automobile.”

(hereinafter referred to as “instant report”). C.

Defendant was delegated by the Governor of Gangwon-do with the authority to accept the report on the installation of emission facilities pursuant to Article 2 [Attachment Table 1] of the Gangwon-do Ordinance on Entrustment of Administrative Affairs. On April 14, 2017, Defendant rejected the said report by the Plaintiff on the ground that “the instant place of business is a Class-I general residential area, Article 71(1) of the Enforcement Decree of the National Land Planning Act, and Article 30 [Attachment Table 3] of the former Ordinance on Gangwon-do Urban Planning (amended by Ordinance No. 1700 of the Gangwon-do Ordinance on Gangwon-do, June 1, 2018; hereinafter “former Ordinance on the Urban Planning of Gangwon-do”).

Defendant was delegated by the Gangwon-do Governor of Gangwon-do with the authority to take measures for the closure of emission facilities pursuant to Article 2 [Attachment Table 1] of the Gangwon-do Ordinance on the Delegation of Administrative Affairs. On January 5, 2018, Defendant may report the installation of emission facilities (5 cubic meters or more) because the instant place of business is a Class-I general residential area.