The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Whether the provision on the basis of disposition is unconstitutional (Ground of appeal No. 1)

A. Article 23(1) of the former Clean Air Conservation Act (amended by Act No. 16266, Jan. 15, 2019; hereinafter the same) provides that “A person who intends to install emission facilities shall obtain permission from an administrative agency or report to an administrative agency, as prescribed by Presidential Decree.” Article 11(1)1 of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same) provides that “discharge facilities generating specified hazardous substances” as the subject of permission to install emission facilities generating specified hazardous substances.

(hereinafter) Article 38 of the Enforcement Decree of the Clean Air Conservation Act provides that “The administrative agency shall order the person who installs or uses the emission facilities without obtaining permission or filing a report to suspend the use of the emission facilities” (Article 38 of the former Clean Air Conservation Act provides that “However, even if the emission facilities are improved or preventive facilities are installed or improved, the degree of pollutants emitted from the emission facilities is deemed unlikely to lower than the permissible emission levels under Article 16, or the place of installation is prohibited from the installation of the emission facilities under other Acts.”

Meanwhile, Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that matters concerning restrictions on the use, type, size, etc. of buildings and other facilities within a special-purpose area shall be prescribed by Presidential Decree, and the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter “former National Land Planning and Utilization Act”).