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(영문) 전주지방법원 2018.10.11 2018구합217
가축분뇨 배출시설 허가취소처분 무효확인 등
Text

1. Of the instant lawsuit, the Defendant’s revocation of permission for livestock excreta discharge facilities against the Plaintiff on May 15, 2017.

Reasons

1. Details of the instant disposition

A. On September 7, 1995, the Plaintiff reported to the Defendant on the installation of livestock excreta discharge facilities in order to operate a swine breeding facility (hereinafter “the instant livestock shed”) on the land, including B and two parcels of land in Jung-Eup, Jung-si, and operated the instant livestock shed after obtaining approval for use from the Defendant on November 22, 1995.

B. Around 2008, the Plaintiff reported the suspension of business with respect to the instant stable, and filed a report on the closure of business around 2010.

C. Around October 2010, the Defendant confirmed the status of the instant livestock shed, which was not operated after a complete inspection of the instant livestock shed on the temporary or permanent livestock shed, and then temporarily treated the instant livestock shed on October 22, 2010.

From May 15, 2017 to May 30, 2017, the Defendant issued an order to revoke the permission of livestock excreta discharge facilities and to close down livestock excreta discharge facilities on the website with respect to livestock pens suspended or destroyed from operation to operation of livestock pens located in a regular Eup/Myeon including the Plaintiff, and posted the order on the website. On June 2, 2017, the Defendant issued an order to revoke the permission of livestock excreta discharge facilities (order to close) to the Plaintiff.

(hereinafter “instant previous disposition”. Meanwhile, at the time of the instant previous disposition, the Defendant did not undergo prior notice under Article 21(1) of the Administrative Procedures Act and hearing of opinions under Article 22(3).

E. Pursuant to the Plaintiff’s Paragraph, the Defendant issued a prior notice under the Administrative Procedures Act to the Plaintiff on September 12, 2017, and sought opinions from the Plaintiff, and on November 8, 2017, the Plaintiff issued a revocation of permission (order to close down the instant livestock shed) with respect to livestock excreta pursuant to Article 18(1)2 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) on the ground that “the Plaintiff did not raise livestock for at least three years without justifiable grounds” as the same content as the previous disposition in the instant case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers where there are branch numbers; hereinafter the same shall apply) and the purport of whole pleadings.

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