The defendant shall be innocent.

A person who intends to install a dog raising facility the area of which is not less than 60 square meters shall file a report on the installation of a livestock excreta discharge facility with the competent authority. However, the Defendant did not file a report on the installation of a livestock excreta discharge facility with the competent authority on March 21, 2013, but installed 4 cases of a total area of about 63.36 square meters in the site B in Seosan-si, Seosan-si, about 800 square meters, and raised 30-40 square meters in a dog.

Judgment

A. The former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Article 2 of the Addenda to the Sewerage Act, Act No. 8014, Sept. 27, 2006) which applied with respect to the report, etc. of the installation of livestock excreta facilities prior to the enactment of the Act on the Management and Use of Livestock Excreta by Act No. 8010, Sept. 27, 2006, did not have any provision on a dog farming facility in relation to the discharge facilities subject to the report. After that, the Act on the Management and Use of Livestock Excreta was enacted, and the Enforcement Decree of the Act on the Management and Use of Livestock Excreta was enacted by Presidential Decree No. 20290, Sept. 27, 2007, “a dog farming facility with an area of 60m or more” was set as a discharge facility subject

Meanwhile, Article 1 of the Addenda to the Act on the Management and Use of Livestock Excreta (Law No. 8010, September 27, 2006) provides that “this Act shall enter into force on the date one year has elapsed after its promulgation.”

B. Article 50 Subparag. 3 of the Act on the Management and Use of Livestock Excreta refers to “a person subject to reporting under Article 11(3)” refers to “a person who intends to install a waste-generating facility in excess of the scale prescribed by Presidential Decree or to alter the reported matters.” If a person who installed a waste-generating facility is not a person subject to reporting at the time of installation, he/she shall thereafter be subject to reporting pursuant to Article 11(3) of the Act on the Management and Use of Livestock Excreta, even if he/she falls under the subject matter subject to reporting at the time of installation