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(영문) 대전지방법원 서산지원 2019.07.25 2019고정103

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

1. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall not commit an act of flowing or threatening to bring livestock excreta, manure, or liquid manure into public waters defined in subparagraph 9 of Article 2 of the Water Environment Conservation Act by discharging or neglecting it or by spraying liquid manure in violation of any of the standards for spraying liquid manure prescribed in Article 17 (1) 5;

Nevertheless, around August 2018, the Defendant introduced livestock excreta generated from 33 square meters in an open space into public waters, which was located in the maintenance of the city of 33 square meters in Jin-si.

2. Where a living environment or public waters is polluted or are likely to be polluted due to livestock excreta, manure, or liquid manure discharged or stored, the head of a Si/Gun/Gu may order a person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, or any other person who owns or manages livestock excreta, manure, or liquid manure to take measures necessary for the prevention of environmental pollution, such as changing the method of storage, collection, etc. of livestock excreta, manure, or liquid manure, and a person in receipt of such order shall comply therewith;

Nevertheless, around August 31, 2018, the Defendant did not comply with an order to voluntarily dispose of livestock excreta deposited in the maintenance of the Si under the above paragraph (1) at the time market on October 1, 2018, but did not follow an order to voluntarily dispose of livestock excreta until October 13, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Requests to investigate a violator of the Act on the Management and Use of Livestock Excreta;

1. A written request for investigation;

1. On-site reporting on civil petition reports;

1. Notification of an administrative disposition (order to take measures) following the violation of Livestock Excreta Act;

1. Orders for administrative dispositions;

1. Application of Acts and subordinate statutes to reports on non-performance of an administrative disposition order (measures order);

1. Article 51 of the Act on the Management and Use of Livestock Excreta which is the basis of the relevant Act and subparagraph 5 of Article 51 of the Act on the Management and Use of Livestock Excreta which is the basis of criminal facts, and Article 10 (1) of the Act on the Management and Use of Livestock Excreta which is the basis of the penalty;