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(영문) 대구지방법원 2013.07.19 2012구합4625
가축분뇨 배출시설 설치허가 신청 반려처분취소
Text

1. On October 23, 2012, the Defendant’s disposition of rejection of an application for installation of livestock excreta discharge facilities against the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. On March 10, 2010, the Plaintiff sold a livestock shed site and building at an auction procedure, and registered a livestock farming business (livestock breeding business) with “B farm, seat: Gyeongbuk C, swine, and livestock raising facilities: 290 square meters per annum.” Since then, the Plaintiff filed a report on the change of registered matters (area) with the area of livestock raising facilities from 290.3 square meters (one Dong) to 1,097.35 square meters (three dong).

B. On December 31, 2010, the Defendant accepted the above report, and the Plaintiff runs a fish farming business with the trade name “B farm” (hereinafter “the instant livestock shed”).

C. On August 14, 2012, the Defendant notified the Plaintiff of the prohibition of raising livestock to suspend raising livestock by November 30, 2012 on the ground that the acquisition of facilities by auction within a restricted area for raising livestock constitutes new facilities, and that it is not possible to report and report in accordance with the notification of designation of a restricted area for raising livestock of the military forces (hereinafter “instant notification”). As such, the instant livestock shed constitutes an emission facility without permission in violation of Article 11(1) and (3) of the Act on the Management and Use of Livestock Excreta (hereinafter “Act on the Management and Use of Livestock Excreta”).

The above-mentioned area constitutes a restricted area for livestock death pursuant to Article 8 of the Livestock Excreta Management Act and Article 4 subparagraph 3 of the Notification of this case, and thus, an application for new installation permission is not made and thus, Article 4 subparagraph 3 of the notification of the designation of a restricted area for livestock breeding of the Gun that rejected the said application: An area within 200 meters of direct election from the boundary line of a road (national expressway, general national highway, local highway, Gun road), railroad, or agricultural and fishing village road to the outer wall of a livestock raising facility from the boundary line of a road

D. On October 19, 2012, the Plaintiff filed an application for permission to install livestock excreta discharge facilities with respect to the instant livestock pens, but the Defendant rejected the said application on October 23, 2012 for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] There is no dispute.

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