1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells nuclear reaction devices and steam generating parts at the window B of Changwon-si located within the area where the installation of wastewater discharge facilities is restricted under Article 33(6) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 14532, Jan. 17, 2017; hereinafter “Water Quality and Ecosystem Conservation Act”).

The Plaintiff, at the location of the instant case, installed five CNC Line 5 and one MCT Line 1 (hereinafter “instant facilities”) and operated the instant facilities using the water-savinged water so that wastewater can be discharged.

B. On July 6, 2016, it was confirmed that the public officials of the Changwon-si Counters Office installed and operated the instant facilities, which are wastewater discharge facilities, without obtaining permission in the area where the installation of wastewater discharge facilities is restricted.

C. On August 26, 2016, the Defendant issued an order to close down the instant facilities without permission for the violation of Article 33(1) and (5) of the Water Quality and Ecosystem Act (hereinafter “instant disposition”) to the Plaintiff on August 30, 2016, on the ground that the applicable provisions of this Act were violated.

On July 4, 2018, the defendant specified the applicable law of the instant disposition as Article 44 of the Water Quality Ecosystem Act at the third date for pleading of the first instance court, but at the appellate court, the amendment was made by Article 42(1)6 of the Water Quality Ecosystem Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 33(6) of the Water Quality and Ecosystem Act and the Enforcement Decree of the same Act (amended by Presidential Decree No. 27792, Jan. 17, 2017; hereinafter “Enforcement Decree of the Act”).

The wastewater discharge facilities in C downstream area, the Ministry of Environment was enacted pursuant to Article 32.