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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is running a waste treatment business from November 1, 2002 at the place of business where the wife B (hereinafter “instant place of business”).
B. On June 27, 2014, the Defendant installed 10HP x 1 (hereinafter “instant facilities”) in the instant place of business without reporting the installation of air emission facilities as prescribed by Article 23(1) of the Clean Air Conservation Act, and ordered the Plaintiff to close the instant facilities pursuant to Article 84 of the Clean Air Conservation Act, Article 134 of the Enforcement Rule, and subparagraph 2 (a) of attached Table 36 of the same Act.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion ① Article 8(1) of the Act on the Designation of Special Measures for the Conservation of Water Quality and Special Comprehensive Measures (hereinafter “instant Notice”) prohibits the installation of waste disposal facilities in the area located in the workplace of the instant case. However, Article 9 of the Addenda of the said Notice (No. 2014-60 of the Ministry of Environment Notice, Apr. 9, 2014; hereinafter “the Addenda provision of this case”) of the Addenda of the said Notice provides that, as a person subject to reporting on waste disposal before July 23, 2013, the prohibition provision does not apply to a place of business that proves that he/she had installed and operated the relevant facilities before the enforcement of the said Notice through a business registration certificate
However, the Plaintiff, as a person subject to reporting on waste disposal or waste disposal, has been engaged in the waste disposal business since he/she completed business registration on November 1, 2002. Thus, the prohibition provisions of this case are excluded pursuant to the provisions of the Addenda of this case. Ultimately, the instant business place is not in an area where the installation of discharge facilities is not possible, and thus, the instant disposition ordering the closure of
② The instant facilities are facilities for crushing air pollutants without emitting air pollutants.