가축분뇨의관리및이용에관한법률위반
The defendant is not guilty. The summary of the above judgment shall be publicly notified.
1. A person who intends to install emission facilities in excess of the size prescribed by Presidential Decree among the summary of facts charged shall report thereon to the head of the Si/Gun;
Nevertheless, from September 28, 2008 to March 11, 2015, the Defendant installed approximately 144 square meters of a bit for raising livestock excreta on seven lots outside Chungcheongnam-gun, Chungcheongnam-gun, and raised approximately 150 mixs, but did not report the installation of livestock excreta discharge facilities.
2. Determination
A. The former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Article 2 of the Addenda to the Sewerage Act, Act No. 8014, Sept. 27, 2006) did not have any provision on open raising facilities in relation to the report on the installation of livestock wastewater discharge facilities. The Act on the Management and Use of Livestock Excreta (hereinafter “livestock Excreta Act”) was enacted on September 27, 2006 (this Act enters into force one year after its promulgation), and on September 27, 2007, as the Enforcement Decree of the Livestock Excreta Act was enacted by Presidential Decree No. 20290, Sept. 27, 2007, “a open raising facility with an area exceeding 60 square meters” was determined as a discharge facility subject to the report.
Article 50 subparagraph 3 of the Livestock Excreta Act and Article 11 (3) of the same Act mean "a person who intends to install a waste-generating facility in excess of the size prescribed by Presidential Decree or a person who intends to change the reported matters." If a person who installed a waste-generating facility fails to file a report at the time of the installation of the waste-generating facility, it shall not be deemed "a person who intends to install a waste-generating facility," who is subject to reporting under the above provision, even though he/she was subject to reporting pursuant to the amendment of the relevant Act and subordinate statutes, and Article 2 (1) of the Addenda to the Enforcement Decree of the Livestock Excreta Act ( September 27, 2007) provides that "a person who installs and operates a waste-generating facility subject to reporting, shall file a report on installation of a waste-generating facility under Article 11 (3) of the Act
Supreme Court on July 28, 201