1. The Defendant’s disposition to suspend the use of livestock excreta discharge facilities against the Plaintiff on October 12, 2017 is revoked.

2...

1. Details of the disposition;

A. From April 12, 2017, the Plaintiff had been raising ducks with permission to engage in livestock farming business in the trade name of Jeonnam-gun B from Jeonnam-gun.

B. On October 12, 2017, the Defendant issued an order to suspend the use of livestock excreta emission facilities from March 24, 2018 pursuant to Article 18(1) of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) and Article 17 of the Enforcement Rule of the same Act on the ground that the Plaintiff raised livestock prohibited in an educational environment protection zone in violation of Articles 8 and 9 of the Educational Environment Protection Act on September 11, 2017 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the disposition of this case is unlawful

A. The Plaintiff’s assertion cannot be readily concluded that the Plaintiff’s farm constitutes a prohibited facility in an educational environment protection zone, and thus, the instant disposition based on this cannot be deemed unlawful.

Even if the plaintiff's farm constitutes prohibited facilities, the disposition of this case is excessively excessive and abuse of discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Article 18(1) of the Livestock Excreta Act provides for the requirements, criteria, etc. for revoking permission for a discharge facility, and “the head of a Si/Gun/Gu may revoke permission for the installation of a discharge facility or permission for the alteration thereof, or order the closure of a discharge facility or the suspension of use for a period not exceeding six months, if the installer or operator of a discharge facility falls under any of the following: Provided, That in cases falling under subparagraphs 1 through 4, 12, and 13, permission for the installation of a discharge facility or permission for the alteration thereof must be revoked or an order for the closure thereof shall be issued,” and subparagraph 4 of the same Article provides that “the installation of a discharge facility at a place where