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(영문) 서울고등법원 2019.08.30 2018누72354
조업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s grounds for appeal cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the Plaintiff alleged in the grounds for appeal that there were errors such as the defect in the pre-announcement of legislation, defect in the collection process of samples, violation of the applicable provisions of law, violation of the principle of protection of trust and trust, and abuse of discretion, etc. In all of them, the Plaintiff asserted in the judgment of the court of

The fact-finding and judgment of the first instance court are justified even if the evidence submitted in the first instance court is presented as evidence, and the evidence submitted in addition to this court is presented.

Therefore, the reasoning for the judgment of the court on the instant case is either dismissed or added as described in the following Paragraph 2, and except for the addition of Paragraph 3 below to the judgment on the argument that the plaintiff newly raised or emphasized as the grounds for appeal by this court, the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment. Thus, this Court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. The part of the judgment of the court of first instance that is dismissed or added is as follows: (i) from 3 to 9 of the 6th sentence of the judgment of the court of first instance: (ii) “I cannot see either below or below the permissible emission levels.”

Article 105(1) [Attachment 22] of the Enforcement Rule of the Water Quality Ecosystem Act provides that “the permissible discharge standards for water-quality pollutants” in the former Enforcement Rule of the Water Quality Conservation Act [Attachment Table 13] shall remain in force in the “permissible discharge standards for water-quality pollutants” as amended on January 17, 2018, and Article 105(1) [Attachment Table 22] of the former Enforcement Rule of the Water Quality Conservation Act shall also apply to “the cases where water-quality pollutants are discharged in excess of the permissible discharge standards due to the failure to normally operate emission and preventive facilities without justifiable grounds” (Article 38(1)4 of the Act), the suspension of operation shall be 10 days (the first violation), the suspension of operation shall be 30 days (the second violation, the second violation

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