The defendant shall be innocent.

1. The Defendant is a person who operates a breeding house in Thai-gun B.

In the event that the area of a dog breeding facility is at least 60 square meters, a report on the installation of livestock excreta emission facilities must be filed with the competent authority. However, the Defendant operated a livestock breeding facility at a size of about 500 square meters on March 2012 without filing a report, thereby discharging livestock excreta into public waters by negligence in the course of business.

In accordance with the applicable provisions of the indictment, the facts charged shall be determined as above.

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A. The former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Article 2 of the Addenda to the Sewerage Act, Act No. 8014, Sept. 27, 2006) which applied with respect to the report, etc.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 on Sept. 27, 2006 did not have a provision on open raising facilities in relation to the discharge facilities subject to the report. After the enactment of the Act on the Management and Use of Livestock Excreta, the Act on the Management and Use of Livestock Excreta was enacted on Sept. 27, 2007, and the Enforcement Decree of the Act on the Management and Use of Livestock Excreta enacted on Sept. 27, 2007, Article 1 of the Addenda to the Act on the Management and Use of Livestock Excreta (amended by Act No. 8010, Sep. 27, 2006) provides that “a person subject to the report is already subject to installation or alteration of livestock excreta under the Act.”