1. Revocation of the first instance judgment.

2. On November 2, 2015, the Defendant issued a disposition to reflect the Plaintiff’s application for construction permit.

1. Details of the disposition;

A. On September 8, 2015, the Plaintiff filed an application for a building permit with the Defendant to newly build animal and plant-related facilities (satisfies) on the ground at the time of residence B (hereinafter “instant application site”).

-In conflict with a zone where livestock raising is restricted: A zone in conflict with a zone in which livestock raising is restricted pursuant to Article 3 (restricted Areas) of the Ordinance on Restriction on Livestock Raising when residing in accordance with Article 8 (Restrictions, etc. on Livestock Raising) of the Act on the Management and Use of Livestock Excreta (in the area located within 50 meters from the local river out of the relevant lot number, the zone in which livestock raising is restricted shall

B. On November 2, 2015, the Defendant rendered a disposition to return the Plaintiff’s application for the following reasons.

(hereinafter “instant disposition”). C.

The Plaintiff appealed and filed an administrative appeal on January 18, 2016. However, on March 10, 2016, the Plaintiff received a dismissal decision from the Gyeonggi-do Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 15 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The former Ordinance on the Restriction of Livestock Raising in the Commercial City (amended by Ordinance No. 1028, Nov. 20, 2015; hereinafter “instant Ordinance”) that applies to the instant disposition null and void of the provisions of the municipal ordinances that are the grounds for the instant disposition.

(2) Article 3 [Attachment] of the Act provides that “The restriction on livestock raising shall be within 50 meters in straight line from the boundary of a river under the River Act to the outer wall of a livestock raising facility building” (hereinafter “instant provision”).

The instant provision provides that “The former Act on the Management and Use of Livestock Excreta” (amended by Act No. 13526, Dec. 1, 2015; hereinafter referred to as “the Livestock Excreta Act”) which is a delegated Act.

Regardless of whether an area falls under any of the subparagraphs of Article 8(1), all areas within a certain scope are uniformly designated as an area subject to restrictions on raising livestock. Therefore, it is prescribed by the mother Act.