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(영문) 서울고등법원 2019.05.30 2018누76615
공장설립승인취소처분 취소
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 reasoning of the court’s explanation concerning this case is as follows, in addition to adding the judgment on the Plaintiff’s assertion under paragraph (2) below, and therefore, it is identical to the ground of the judgment of the first instance. Thus, it is also accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that "melting and melting are separate concepts, and the manufacturing process of the factory of this case constitutes a melting process and does not include a melting process where liquid materials are mixed equally."

The term "melting" is to make the substance in solid form into liquid form by adding heat to the substance in solid form, and the term "melting" is to treat two or more materials equally.

According to the Ministry of Environment’s “air pollutant emitting emitting Facilities” (No. 16, 2014) distributed by the Ministry of Environment, “melting facilities” are facilities to make liquid liquid by heating solid substances, and “melting facilities” are defined as facilities to make liquid in a uniform state by mixing gaseous, liquid, or solid substances with other gaseous, liquid, or solid substances.

As such, the term “melting” and “melting” are separate concepts.

However, the manufacturing process of the factory of this case includes the process of mixing liquid carbon calium, carbon calium, and elements with melting them at high temperature below 650cc. It is reasonable to view that the manufacturing process of the factory of this case is included in a series of processes of mixing liquid carbon calium, carbon calium, and elements, or facilities including the process of mixing liquid carbon calcium, carbon calcium, and elements with calcium, or calculium or calculous facilities. Thus, it is reasonable to view that the manufacturing process of the factory of this case is included in a series of processes.

In addition, the Ministry of Land, Infrastructure and Transport revised the Enforcement Decree of the National Land Planning Act (Presidential Decree No. 26381, Jul. 6, 2015) through news data on May 27, 2015.

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