The defendant is innocent. The summary of this judgment shall be notified publicly.

The summary of the facts charged is that the Defendant operates a dog of approximately 1,486 square meters in Naju-si. Although the Defendant reported to the competent authority that intends to install waste-generating facilities, such as livestock pens, etc. generated by raising livestock, the Defendant, without reporting the installation of waste-generating facilities to the competent authority, operated a dog in the said place from November 201 to March 2015.

Maz.

1. The statutory provisions and the interpretation thereof refer to “discharge facilities installed without filing a report in violation of Article 11(3) of the Act” under Article 50 Subparag. 3 (hereinafter “the Act”) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “the Act”). The phrase “discharge facilities” refers to “discharge facilities installed without filing a report in violation of Article 11(3) of the Act.” In this context, if a person who installed the discharge facilities is not obligated to report under Article 11(3) of the Act at the time of the installation of the facilities, even if the person who installed the discharge facilities falls under the subject matter of reporting pursuant to the amendment of the Act

Meanwhile, the legal provision provides that only the person who installed emission facilities prior to the amendment by Act No. 10973, Jul. 28, 2011; however, the purport of the provision that a person who raises livestock by “using emission facilities” is to punish the person who raises livestock by the amendment is to promote the balance of punishment by punishing not only the installer but also the user in cases where the “installer” of emission facilities installed without reporting by the person subject to reporting and the “user” are different.

In light of the language and text of the aforementioned statutory provisions, the scope of persons subject to reporting, the intent of the amendment of the Act, and the principle of no punishment without law, etc., “a person who raises livestock using the discharge facilities” under Article 11(3) of the Act is installed without reporting.