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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts that there is no dispute over the details of the disposition (based on recognition), entry of Gap evidence 1 through 4, and the purport of the whole pleadings;
A. The Plaintiff, as a company aimed at the production and development, etc. of main products, has been doing business after filing for registration of a factory and reporting on installation of standby emission facilities in a factory in the Kimpo-si B, which is a planned control area stipulated by the former National Land Planning and Utilization Act (amended by Act No. 13475, Aug. 11, 2015; hereinafter “former National Land Planning Act”).
B. On April 28, 2015, the Defendant requested the Gyeonggi-do Public Health and Environment Research Institute to conduct an inspection of the emission of specified hazardous air pollutants on 15t (metric tons) (hereinafter “instant facility”) in a half-ro (15 tons) installed in the Plaintiff’s factory on April 28, 2015, and detected hazardous air pollutants, which are specified hazardous air pollutants (0.07mg/S cubic meters), nitrok (017mg/S cubic meters), polyde (009pm), and bench (0.01 pm).
C. On July 27, 2015, the Defendant issued an order to close down the instant facilities (hereinafter “instant disposition”) based on Articles 23(1), 38, and 84 of the Clean Air Conservation Act, Article 71(1)19 and [Attachment 20] and [Attachment 19] of the former Enforcement Decree of the National Land Planning Act (amended by Presidential Decree No. 26381, Jul. 6, 2015; hereinafter the same) on the ground that “the Plaintiff installed and operated the instant facilities without obtaining any permission, even though it is unable to construct a building that emits specified hazardous substances in the planned management area.”
Article 11 of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same shall apply), Article 71 (1) 19 and [Attachment 20] and [Attachment 19] of the former Enforcement Decree of the National Land Planning and Utilization Act, etc. are specified hazardous air pollutants emitted on December 10, 2015.