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(영문) 전주지방법원 2018.11.08 2018구합392
가축분뇨 배출시설 설치신고불가처분 등 취소
Text

1. The Defendant:

A. On February 5, 2018, the disposition not to install a livestock excreta discharge report against Plaintiff A shall be revoked.

(b).

Reasons

1. Details of the disposition;

A. On January 30, 2018, Plaintiff A filed a report on the installation of a livestock waste-generating facility with a size of 2,016 square meters in size on the 2,016 square meters on the land of the Jinan-gun, Jinan-gun, D, and E to the Defendant on January 30, 2018. (2) On February 5, 2018, the Defendant did not accept the report on installation of the Plaintiff’s livestock waste-generating facility to the Plaintiff on February 5, 2018 on the ground that the Plaintiff was in a restricted area for raising livestock under Article 8 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) and Article 3 subparag. 3 of the Ordinance on the Restriction on Livestock Raising of Jin-gun (hereinafter “the Ordinance”).

B. On January 17, 2018, the Plaintiff B filed an application with the Defendant for alteration of the construction report with respect to the establishment of animal and plant-related facilities (house death) on the ground of the Defendant’s YYY-gun. On January 17, 2018, the Defendant rejected the Plaintiff B’s application for alteration of the construction report on the ground that the Plaintiff’s application was located within the area where livestock breeding is restricted pursuant to Article 8 of the Livestock Excreta Act and subparagraph 3 of Article 3 of the Ordinance of this case (within 2,00 meters from the boundary line of the site for livestock breeding facilities) within the area where livestock breeding is located (referring to G, H, I, I, and J village, etc. within 200 meters from the boundary line of the site for livestock breeding facilities) and that the Plaintiff B would install animal and plant-related facilities (house death) on the ground of the Plaintiff’s Y-gun and 1, 2018.

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