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All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, the lower court determined that: (a) adding the phrase “construction, extension, or alteration of use of a building, etc.,” other than “the volume of sewage discharged into a public sewerage system” under Article 35(1) of the former Enforcement Decree of the Sewerage Act (amended by Presidential Decree No. 25478, Jul. 16, 2014; hereinafter the same shall apply) to “the volume of sewage discharged into a public sewerage system”; and (b) it was merely a concrete based on the purport of Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013; hereinafter the same shall apply), which
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
In doing so, there is no error of law by misunderstanding the legal principles on the limitation of delegation legislation.
2. As to the grounds of appeal Nos. 2 and 3, Article 61(1) of the former Sewerage Act provides that a public sewerage management authority may require the owner of a building, etc. that can discharge sewage exceeding the quantity prescribed by Presidential Decree into a public sewerage system to fully or partially bear the cost of rebuilding the public sewerage system. Article 35(1) of the former Enforcement Decree of the Sewerage Act provides that "the owner of a building, etc. that can discharge sewage exceeding the quantity prescribed by Presidential Decree into a public sewerage system" refers to a person who intends to newly discharge or increase sewage from at least ten cubic meters per day by newly constructing, enlarging or altering the use of a building, etc.
Furthermore, according to delegation of Article 61(3) of the former Sewerage Act, Article 24(1) of the Ulsan Metropolitan City Ordinance on the Use of Sewerage provides for the calculation method and collection method of borne by borne persons and other necessary matters is also a requirement for imposing borne by borne persons.