가축분뇨의관리및이용에관한법률위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the Defendants constitute “the proprietor of livestock excreta” as prescribed in Article 28 of the Livestock Excreta Management and Use Act (hereinafter “the Livestock Excreta Act”).
2. The definitions of terms used in this Act shall be as follows:
3. The term "discharge facilities" means facilities, places, etc. where foul waste occurs in the course of raising livestock, such as livestock pens, playgrounds, and other places prescribed by Ordinance of the Ministry of Environment;
4. The term "facilities for converting livestock into resources" means facilities for converting livestock into manure and liquid manure or bio-energy defined in subparagraph 2 (f) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as "recycling of resources");
7. The term "purification facility" means a facility for purifying livestock excreta in accordance with methods prescribed by Ordinance of the Ministry of Environment, such as sedimentation, decomposition, etc. (hereinafter referred to as "purification");
8. The term "treatment facility" means a resource recovery plant or purification facility for the recovery or purification of livestock excreta (hereinafter referred to as "treatment");
Article 11 (Installation of Emission Facilities) (1) A person who intends to install, or is operating, emission facilities in excess of the scale prescribed by Presidential Decree shall obtain permission from the head of a Si/Gun/Gu after preparing a plan to install emission facilities, as prescribed by Presidential Decree.
Article 12 (Duty to Install Disposal Facilities, etc.) (1) A person who has obtained permission for installation or alteration, or has filed a report on installation or alteration under Article 11 (1) or (2), or a person who has filed a report on installation or alteration under paragraph (3) of the same Article (hereinafter referred to as "person who installs a waste-generating facility") shall install or alter disposal facilities.
Provided, That where it is possible to properly dispose of livestock excreta by any means, other than installing or altering disposal facilities, as prescribed by Presidential Decree, it need not install or alter disposal facilities.
Article 17 (Management, etc. of Waste-generating Facilities and Disposal Facilities) (1) A person who installs and his/her own waste-generating facilities.