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(영문) 부산고등법원 (창원) 2018.01.31 2017누11476
하수도 원인자부담금 부과 통보 처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court's acceptance of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following items, and thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of

2. Additional determination

A. Whether the unit price of an amount borne by a person responsible for sewage generation as a result of other acts should be publicly announced. Administrative laws and regulations that serve as the basis for an indivative administrative disposition should be strictly interpreted and applied. It shall not be excessively expanded or analogically interpreted to the disadvantage of the other party to the administrative disposition. Even in cases where a teleological interpretation is allowed taking into account the legislative purport, purpose, etc. of such administrative laws and regulations, it shall not go beyond the ordinary meaning of the language and text (see, e.g., Supreme Court Decision 2014Du40531, Dec. 15, 2016). 2) Article 22(1) of the former Ordinance on the Use of Sewage from Jinch-gun (wholly amended by Ordinance No. 2271, Sept. 23, 2015; hereinafter referred to as “instant Ordinance”). Article 22(1) of the same Ordinance provides that the amount borne by a person responsible for imposing sewage burden for another act shall be calculated by multiplying the unit quantity of sewage generated by the unit 20 cubic meters.

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