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(영문) 대법원 2017.05.11 2013두10489
건축허가처분취소
Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined.

Article 8 (1) 1 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter "the Livestock Excreta Act") provides that the head of a Si/Gun/Gu may designate a specific area and restrict livestock raising in any of the following areas, as prescribed by municipal ordinances of the relevant local government, in order to preserve the living environment of local residents or to preserve the quality of water sources. The head of a Si/Gun/Gu may designate a restricted area for livestock raising in any of the following areas (Article 8 (1) 2 of the Act). The former Ordinance on the Management and Use of Livestock Excreta in Jung-gu, Jung-gu, Seoul (amended by Ordinance No. 956, Dec. 3, 2010; hereinafter "Ordinance of this case") enacted by delegation and amended by Ordinance No. 996, Oct. 7, 2011; hereinafter "the head of a Si/Gun/Gu may designate a restricted area for livestock raising in accordance with Article 8 of the Act:

Meanwhile, the Framework Act on the Regulation of Land Use defines “a zone, district, zone, region, complex, urban/Gun planning facility, etc., regardless of its name, and subject to the restriction on the use and preservation of land” as “area, district, etc.” (Article 2 subparag. 1), and defines “area, district, etc.” as “area, district, etc.” (Article 2 subparag. 1). Moreover, Article 8 of the Livestock Excreta Act defines “area subject to restriction on livestock raising” as one of “area, district, etc.

(Attached Table 1 related to Article 5), and where there are provisions different from Article 8 of the Framework Act on the Regulation of Land Use in other Acts concerning the designation, operation, etc. of areas, districts, etc., it shall be in accordance with the Framework Act on

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