가축분뇨의관리및이용에관한법률위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of the legal principle) is that the Defendant is not a manager of the livestock facility of this case, and merely is merely a custodian of the property delegated by F, a creditor of the said livestock facility, to monitor the deviation of the responsible property by F, a creditor of the said livestock facility C. However, the lower court found the Defendant guilty of the facts charged in this case on the premise that the Defendant was in the position of manager of the said livestock facility.
2. The summary of the facts charged is that the Defendant is a manager of livestock facilities in Chungcheongnam-gun Hong-gun B.
No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of discharging or neglecting it, or spraying livestock excreta or liquid manure in violation of any of the standards for spraying liquid manure under Article 17 (1) 5.
Nevertheless, while the Defendant was appointed as a manager of the above livestock facility on July 5, 2016 to July 29, 2016, the Defendant brought livestock excreta into the public water area on the ground of the failure to cause it.
3. Determination
(a) Article 11(1) of the Act on the Management and Use of Livestock Excreta (hereinafter “the Act on Livestock Excreta”) intends to install, install, or operate a waste-generating facility exceeding the scale prescribed by Presidential Decree, shall obtain permission from the head of a Si/Gun/Gu after preparing a plan to install the waste-generating facility, as prescribed by Presidential Decree.
Article 15 (1) of the same Act provides that "a person who installs a waste-generating facility or a person who installs a disposal facility shall file an application for completion inspection with the head of the competent Si/Gun/Gu when he/she completes the installation or alteration of the waste-generating facility, as prescribed by Ordinance of the Ministry of Environment.
Article 28(1) of the same Act provides that “The business of collecting, transporting, disposing of livestock excreta or managing disposal facilities on behalf of another person.”