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(영문) 창원지방법원 마산지원 2017.09.26 2017고단655
건축법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A On July 1, 2014, is a person who takes office for the head of E/ Gun, and is an actual operator of G farm located in Gyeongnam F, and Defendant B is the manager of the above farm.

1. Defendant A

A. On April 13, 2010, the Defendant violated the Building Act: (a) changed the use of 2 Dong pipe structures (a total floor area of 196 square meters) to animal and plant-related livestock pens; and (b) continued to use it as a swine stable until February 13, 2017, without reporting the change of use to the competent authority.

(b) Any person who violates the management of a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

On April 2016, the Defendant installed a retaining wall on a total of 388 square meters, such as 197 square meters among I, J, and K, 11 square meters among J, and 80 square meters among K, without obtaining permission from the Administrator of the Forest Administration, etc., and converted the use of mountainous districts by reclaiming 60 square meters among the above J as dry field.

(c)

No person who has obtained permission to install facilities for discharging foul waste in violation of the Act on the Management and Use of Livestock Excreta shall allow livestock excreta, manure, or liquid manure to flow into public waters by negligence in the course of performing his/her duties.

On December 16, 1993, the Defendant, a person operating the said G farm with the permission to install facilities discharging foul waste, has a duty of care to prevent the outflow of foul waste in the course of treating foul waste, such as moving foul waste into a storage tank through the permitted emission facilities.

Nevertheless, the Defendant neglected this and neglected to control and supervise the process of treating foul waste by employees B, but neglected to control the process of treating foul waste by employees B, on September 25, 2016, and on September 13:30, 2016, the Defendant, at the above G farm, went into public waters livestock in the capacity of business and room.

2. A person who has obtained permission to install facilities discharging excreta from Defendant B shall use livestock excreta or manure and liquid manure in a public water zone by negligence in the course of performing his/her duties;

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