(a) Whether a disposition rejecting a report of factory establishment meeting all the formal requirements under Article 13(1) of the Industrial Placement and Factory Construction Act, Article 19(1) of the Enforcement Decree of the same Act, and Article 6(1) of the Enforcement Rule of the same Act is appropriate (negative);

(b) Measures to be taken by an administrative agency if the reported matters in the report of the establishment of a factory under the above "A" are deemed not to meet the location criteria prescribed in the above Act

A. Article 13(1) of the Industrial Placement and Factory Construction Act, Article 19(1) of the Enforcement Decree of the same Act, and Article 6(1) of the Enforcement Rule of the same Act are unlawful if the report of factory establishment meets all the formal requirements.

(b) Upon receipt of the report of factory establishment, an administrative agency shall accept the report if there is no defect after examining the formal matters of the report, and issue a certificate of factory establishment report within the processing period, and if the reported matters are deemed to be inconsistent with the standards of factory location, it may recommend the change of factory location or the installation of facilities in compliance with the standards of factory location as prescribed by the above law, and if the reported matters are not in compliance with such a recommendation, it can only order the change of factory location or the

(a)Article 13(1), Article 19(1) of the Enforcement Decree of the same Act, Article 6(1)(b) of the Enforcement Rule of the same Act, Articles 8 and 9 of the Industrial Placement and Factory Construction Act;

A. Supreme Court Decision 86Nu889 delivered on August 9, 1988 (Gong1988, 1212)

( state)The name of the Attorney Song Jin-un (Attorney Song Jae-dae, Counsel for the defendant-appellant)

Gun:

Seoul High Court Decision 91Gu13733 delivered on December 19, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the Grounds of Appeal

The court below is just in holding that the defendant's disposition of this case which refused to accept the report was unlawful, since the plaintiff's report of this case satisfies the formal requirements under Article 13 (1) of the Industrial Placement and Factory Construction Act, Article 19 (1) of the Enforcement Decree of the same Act, and Article 6 (1) of the Enforcement Decree of the same Act. There is no error of law such as incomplete deliberation,

The defendant's refusal to accept the report of factory establishment is merely a ground for recommending the change of the location stipulated in Article 9 of the above Act, and the defendant who has received the report of factory establishment shall accept the report without any defects after examining the formal matters of the report and deliver the certificate of the report of factory establishment within the processing period. If the reported matters are judged to be inconsistent with the standards of the location stipulated in the above Act, it may recommend the change of factory location or the installation of facilities to meet the standards of location as stipulated in the above Act. If the plaintiff who has received such recommendation fails to comply with it, it can only be ordered to change the factory location or adjust the plan

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)