The prosecutor's appeal is dismissed.

1. Article 50 Subparag. 3 of the Livestock Excreta Act provides that not only a person who fails to report a waste-generating facility but also a person who raises livestock using a non-reported waste-generating facility, upon partial amendment by Act No. 10973, Jul. 28, 2011, shall be punished.

Therefore, as long as the defendant raises livestock using an unauthorized or unreported discharge facility after the enforcement of the above revised Livestock Excreta Act, the violation of the Act on the Management and Use of Livestock Excreta is established.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the Defendant’s acquittal of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Under Articles 50 subparag. 3 and 11(3) of the former Enforcement Decree of the Act on the Management and Use of Livestock Excreta (amended by Act No. 10973, Jul. 28, 201; hereinafter “former Livestock Excreta Act”), a person subject to reporting 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 obligated to report at the time of the installation of the waste-generating facility, the person subject to reporting shall not be deemed to fall under “a person who intends to install a waste-generating facility” who is subject to reporting pursuant to the above provision, and Article 2(1) of the Addenda of the Enforcement Decree of the Livestock Excreta Act (amended by Act No. 10973, Sep. 27, 2007) shall not be deemed to fall under “a person who installs and operates a waste-generating facility subject to reporting” under Article 11(3) of the Act by September 27, 2008.”

(see, e.g., Supreme Court Decision 2009Do7776, Jul. 28, 2011). Meanwhile, Article 50 Subparag. 3 of the former Livestock Excreta Act provides that only a person who installed a waste-generating facility shall be punished, while raising livestock by “using waste-generating facilities” through the revision of July 28, 201.