The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. A person who intends to install a livestock breeding facility with a size of at least 100 square meters but less than 900 square meters, which is a summary of the facts charged, shall file a report thereon with the head of the competent Si/Gun/Gu, and shall not raise livestock using a waste-generating facility not reported;

Nevertheless, around June 21, 2013, in the Yannam-gun C, a lawsuit was raised using a stable with a size of 270 square meters, which is an emission facility not reported to the competent authority.

2. Determination

A. Article 50 subparag. 3 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) provides that “A person who installs a waste-generating facility or raises livestock using the waste-generating facility without reporting in violation of Article 11(3) or by filing a false report in violation of Article 11(3).” Article 11(3) of the same Act provides that “A person who intends to install a waste-generating facility above the scale prescribed by Presidential Decree, among discharge facilities not subject to permission under paragraph (1), shall file a report with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.” The same shall also apply to an alteration of reported matters. A person subject to reporting under Articles 50 subparag. 3 and 11(3) of the same Act refers to a person who intends to install a waste-generating facility above the scale prescribed by Presidential Decree, or a person who intends to alter the reported matters, even if the person who installed the waste-generating facility was not subject to reporting at the time of the installation, he/she shall not be deemed a person subject to report.”

(See Supreme Court Decision 2000Do5895, Mar. 9, 2001). In addition, penal provisions should be interpreted and applied strictly in accordance with the language and text.