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(영문) 수원지방법원 2020.11.26 2020고정922

악취방지법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who raises pigs in the name of “C” from the wife population B in Young-si.

A person who operates malodor-emitting facilities in the relevant area at the time the malodor control area is designated and publicly announced shall submit a malodor prevention plan to the competent authority within six months from the date of such public announcement, as prescribed by Ordinance of the Ministry of Environment, and shall receive reports on the

In addition, the D Day was designated and publicly announced as a malodor control area on June 4, 2018, where the above C is located.

Nevertheless, the Defendant did not obtain a report from the competent authority on May 29, 2019, and installed and operated a septic tank (capacity of 15 tons), a excreta storage tank (capacity of 15,000 liters), etc. in an area equivalent to approximately KRW 837.99 square meters in the above C from May 29, 2019 to February 28, 202, and violated the Malodor Act.

Summary of Evidence

1. Partial statement of the defendant;

1. A written confirmation of violation by an accused public official;

1. Investigation report (the contents of telephone conversations with a public official filing an accusation, the official announcement of the period for the lawful performance of livestock penss without permission, and the receipt of the implementation plan);

1. On-site verification photographs (determination of the assertion of the accused and the defense counsel) of the public notice of the rejection of repair as a result of the installation and operation of malodor-emitting facilities, and on-site verification photographs of designation of malodor control

1. The accused of the assertion has filed a report in accordance with the Malodor Prevention Act;

The report of the above law constitutes "self-satisfy report" and thus was rejected after the receipt of the report.

Even if the report has already become effective, it has already taken effect.

2. Determination:

A. The key issue of the determination is whether the nature of the instant report is a report (self-satisfying report) or a report (administrative requisite report) which does not require acceptance.

The distinction between a report which does not require acceptance and a report which needs acceptance is not clear, and there is a conflict of opinion on the criteria to distinguish between two parties, but it does not require acceptance.

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