The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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 “Any 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.” 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” under Article 11(1)1 of the former Enforcement Decree of the Clean Air Conservation Act as the subject of permission to install emission facilities generating specified hazardous substances.

(hereinafter referred to as the "Enforcement Decree of the Clean Air Conservation Act" (hereinafter referred to as the "Enforcement Decree of the Clean Air Conservation Act"). Article 38 of the former Clean Air Conservation Act provides that "Administrative agencies shall order the person who installs or uses emission facilities without obtaining permission or filing a report to suspend the use of the emission facilities" in the main sentence, and the proviso provides that "However, if it is deemed that even if the emission facilities are improved or preventive facilities are installed or improved, the level of pollutants emitted from the emission facilities falls below the permissible emission levels under Article 16, or if the place of installation is prohibited from the installation of the emission facilities

Meanwhile, Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that matters concerning the restriction on the use, type, size, etc. of buildings and other facilities within a special-purpose area shall be prescribed by Presidential Decree. Accordingly, the former Enforcement Decree of the National Land Planning and Utilization Act, which prescribes buildings which cannot be constructed within a planned control area upon delegation, was amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”).