logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.13 2015구합52023
폐쇄명령처분 취소의 소
Text

1. The Defendant’s order of closure against the Plaintiff on June 30, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, as its main business, engaged in the production and development of main products, has been doing business after filing for registration of a factory and reporting of installation of standby emission facilities in a factory in the Ganpo City B, Kimpo-si, which is a planned control area as prescribed by the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On April 15, 2015, the Defendant requested the Gyeonggi-do Health and Environment Research Institute to conduct an inspection of the emission of specific air pollutants at 49.5 cubic meters (hereinafter referred to as “instant facilities”) from the half-ro 49.5 cubic meters (hereinafter referred to as “the instant facilities”), which were installed in the Plaintiff’s factory. The Defendant detected chlorates (4.5 pm), mercury (05m/S) (05mp), bents (0.01 pm), and pode (0.05 pm) which are specified hazardous air pollutants.

C. On June 30, 2015, the Defendant issued an order to close down the instant facilities (hereinafter “instant disposition”) pursuant to Articles 23(1), 38, and 84 of the Clean Air Conservation Act, and Article 134 of the former Enforcement Rule of the Clean Air Conservation Act (amended by Ordinance of the Ministry of Environment No. 626, Dec. 10, 2015; hereinafter the same), on the ground that “the Plaintiff installed and operated the instant facilities without obtaining any permission, even though it is impossible to construct a building emitting specified hazardous air pollutants in the planned management area.”

On the other hand, Article 11 of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same) and Article 25 of the former Enforcement Rule of the Clean Air Conservation Act (amended by Presidential Decree No. 26705, Dec. 10, 2015; hereinafter the same) which prohibit the installation of specified hazardous substances emission facilities within planned control areas are subject to the above restriction only on December 10, 2015.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's 1 to 4, 6, and 7 (including branch numbers; hereinafter the same shall apply) and arguments.

arrow