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(영문) 대법원 2017.04.07 2014두37122
건축허가복합민원신청불허재처분취소
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. Regarding ground of appeal No. 1

A. Where a statute delegates a certain matter to a municipal ordinance, determination of whether the municipal ordinance complies with the limits of delegation should also be made by comprehensively examining the legislative purpose and content of the relevant statutory provision, structure of the provision, relationship with other provisions, etc., and whether the delegation provision itself clearly specifies the limits of delegation by using terms with which the meaning can be accurately known, exceeds the limits of the literal meaning, and whether the delegation provision exceeds the limits of its literal meaning, and whether it was a new legislation beyond the extent of embodying the delegation by expanding or reducing the scope of the terms used in the delegation provision beyond the scope of the terms used in the delegation provision.

(2) The former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter the same shall apply) provides that the purpose of Article 8(1) is to contribute to the development of the livestock industry in harmony with the environment, the improvement of national health, and the preservation of the environment by converting livestock excreta into resources or disposing of it properly and reducing the natural environment and living environment, thereby contributing to the development of the livestock industry in harmony with the environment, the improvement of national health, and the preservation of the environment by reducing the water pollution (Article 1), and the head of a Si/Gun/Gu may designate a specific area and restrict raising of livestock in any of the following areas, as prescribed by municipal ordinances of the relevant local government, for an area where restriction on raising livestock is deemed necessary for the preservation of the living environment of local residents or the preservation of the quality of water sources:

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