logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.29 2015두40712
하수도 원인자부담금 처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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 ground of appeal No. 1, the lower court determined that: (a) adding the phrase “construction, extension, or alteration of use of a building, etc.,” other than “the volume of sewage discharged into a public sewerage system” under Article 35(1) of the former Enforcement Decree of the Sewerage Act (amended by Presidential Decree No. 25478, Jul. 16, 2014; hereinafter the same shall apply) to “the volume of sewage discharged into a public sewerage system”; (b) it was merely a concrete act based on the purport of Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013; hereinafter the same shall apply) and

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the limitation of delegated legislation, contrary to what is alleged in the grounds of appeal.

2. As to the grounds of appeal Nos. 2 and 3

A. Article 61(1) of the former Sewerage Act provides that a public sewerage management authority may require the owners of buildings, etc. that can discharge sewage of more than the quantity prescribed by Presidential Decree into a public sewerage system to fully or partially bear the cost of rebuilding the public sewerage system. Article 35(1) of the former Enforcement Decree of the same Act provides that "the owners of buildings, etc. that can discharge sewage of more than the quantity prescribed by Presidential Decree into a public sewerage system" means those who newly construct, expand, or alter the use of buildings, etc. and who intend to newly discharge or increase sewage of more than 10 cubic meters per day by newly constructing, expanding, or altering the use of such buildings, etc., and further, Article 24(1) of the Ulsan Metropolitan City Sewerage Act, which provides for the method of calculating the amount borne by the public sewerage management authority and other necessary matters

arrow