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(영문) 부산고등법원 2018.03.30 2014누830
수질초과배출부과금부과처분취소
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the above revoked part are asserted.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the corresponding part of the judgment of the first instance is modified as stated in the following paragraph (2). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be applied to each of the dispositions in this case, in which the entire amount of excess discharge dues was distributed to each of the business establishments under the 18th 19th 18th 19th 19th son's decision of the first instance court (hereinafter referred to as "the classification of each item") (hereinafter referred to as "the indication of the classification of each item")

2) Article 35 of the former Water Quality Conservation Act provides that a business operator shall install water pollution prevention facilities when he/she installs or alters the relevant discharge facilities (Article 35 of the former Water Quality Conservation Act). However, a business operator may install joint prevention facilities to jointly treat water pollutants discharged from discharge facilities (Article 4 of the same Act). In such cases, each business operator shall be deemed to have installed prevention facilities for water pollutants in his/her workplace (Article 4 of the same Act). If a business operator installs and operates joint prevention facilities, he/she shall establish an operating organization of the relevant facilities and appoint its representative (Article 45(1)6 of the Enforcement Rule of the Water Quality Conservation Act as delegated by the Ordinance of the Ministry of Environment (Article 45(6) of the same Act). In addition, Article 45(1)6 of the same Act provides that “When a business operator or the representative of the joint prevention facilities intends to install joint prevention facilities, he/she shall submit the regulations to the Mayor/Do Governor on the operation of joint prevention facilities, including the specifications of water pollutants, surcharges, and fines.”

and paragraph 2.

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