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The judgment below is reversed, and the case is remanded to the Daegu High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the assertion of misapprehension of legal principles on interpretation of Article 5 of the Addenda of the Water Supply and Waterworks Installation Act
A. Article 7-2(1) of the Water Supply and Waterworks Installation Act amended on May 25, 2010 provides that a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act may not be established in regions prescribed by Presidential Decree, such as upper regions of water-source protection areas, or upper and lower regions of water intake facilities (facilities for collecting wide-area waterworks and local waterworks).
Accordingly, Article 14-2 subparagraph 1 of the Enforcement Decree of the Water Supply and Waterworks Installation Act amended on October 24, 2010 provides that where a water source protection area has been designated and publicly announced, a factory may not be established in an area within ten kilometers in flow-distance upstream from the border zone of the water source protection area to the upper stream. However, notwithstanding the amended provisions of Article 14-2, a factory already established at the time of enforcement of the Enforcement Decree under Article 5 of the Addenda, a factory may be extended within the scope of the site of the factory at the time of enforcement of the Enforcement Decree (Article 14-2), and a factory may be changed within the scope of the area of the factory at the time of enforcement of the Enforcement Decree
Meanwhile, Article 2 of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Industrial Cluster Act”) provides that “the construction of a factory means constructing a new building (including construction of a structure) or installing manufacturing facilities, etc. by changing the use of an existing building to that of a factory” (Article 21). The extension of a factory means expanding the construction area or factory site area of a factory registered pursuant to Article 16(1).”
(No. 22) In addition, the Industrial Cluster Act.