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(영문) 수원지방법원 2015.10.15 2014구합7399
대기배출시설설치신고반려처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 27, 2014, the Plaintiff calculated the annual emission volume of air pollutants to the Defendant as 9.8t (10 hours per day scheduled operation, 10t per day maximum production volume, 600t per day, 600t per year’s maximum production volume, and 60 days per year’s scheduled operation date) and reported the installation of air emission facilities for asphalt plants, which are manufacturing facilities for asphalt (hereinafter “instant waiting emission facilities”).

(hereinafter “instant report”). (b)

On June 9, 2014 and June 26, 2014, the Defendant issued a supplementary notice to the Plaintiff on the ground that “the daily maximum production volume is determined by taking into account the production capacity per hour of the asphalt plant and the expected operation hours, and the calculation is made by applying Article 44 of the Enforcement Rule of the Clean Air Conservation Act or the daily daily scheduled operation hours or the expected annual operation days when calculating the emission amount of air pollutants,” but the Defendant rejected the Plaintiff’s refusal to report on July 9, 2014.

(hereinafter “instant disposition”). C.

On November 5, 2014, the plaintiff appealed with the Gyeonggi-do Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) As the database plant is operated in the form of manufacturing and shipping the container on the day when the order enters, the daily scheduled time of operation or the scheduled date of annual operation can be arbitrarily adjusted as stated in the instant report. Therefore, the instant disposition is unlawful on a different premise, without any error in calculating the amount of air pollutants generated. 2) The notification of the emission coefficient of the emission facility of the Enforcement Rule of the Clean Air Conservation Act and the President of the National Institute of Environmental Research is merely a standard for the internal affairs of the administrative agency.

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