The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1.(a)

In principle, a waterworks business operator shall bear expenses incurred in installing water supply facilities, but where a local self-employed organization is a waterworks business operator, the expenses incurred in installing water supply facilities among water supply facilities (hereinafter referred to as "water supply construction expenses") may be prescribed by

(Article 70 and Article 38(1) proviso of the Water Supply and Waterworks Installation Act. Article 13(1) of the Ulsan Metropolitan City Ordinance on Water Supply and Waterworks (hereinafter “instant Ordinance”) provides that the applicant for water supply construction cost shall bear the cost of water supply. Article 12 of the Water Supply and Waterworks Installation Act provides that the total amount of the cost of material, construction cost, road excavation and restoration cost, road excavation and design fee, work executor’s re-inspection fee, inspection fee, completion inspection fee, waterproof and inspection, shall be the total amount (paragraph (1)), and the fixed amount shall be the amount separately publicly notified by the Mayor.

(Paragraph 3). (b)

Considering the following circumstances along with the purport of the relevant provisions, the introduction of the fixed amount system by the instant Ordinance itself cannot be deemed contrary to the purport of statutes or going beyond the scope of delegation.

Therefore, it should be considered that the imposition of the fixed construction cost publicly notified by the waterworks business operator according to reasonable standards, not the actual construction cost.

(1) When adopting a fixed amount system, construction costs need not be calculated whenever each water supply construction is carried out, and the efficiency of administration can be improved by laying separate water pipes for each demand price so that the facilities can be installed in an inefficient and efficient manner.

(2) The principle of equity between general housing and multi-family housing, and between rural areas, and urban areas, can be ensured by making the cost of water supply construction as a fixed amount. Furthermore, due to excessive cost of water supply construction, residents in rural areas, etc. cannot make an application for water supply construction itself.

The state, local governments and waterworks business operators are all citizens.