The defendant shall be innocent.

A person who intends to install a 60 square meters or more in size in the facts charged shall file a report on the installation of a livestock excreta-generating facility with the competent authority. However, the Defendant installed 111 square meters (area 5,152 square meters: 5,000 square meters) in Masan-si B around February 2006 without filing a report on the installation of a livestock excreta-generating facility with the competent authority, and raises 350 maris by using the above waste-generating facility from that time until July 3, 2013.

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A. The former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Article 2 of the Addenda to the Sewerage Act (Act No. 8014, Sept. 27, 2006), which applied with respect to the report, etc.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 (hereinafter “Act”) by Act No. 8010, Sept. 27, 2006, did not stipulate any provision on the opening of livestock farming facilities in relation to the discharge facilities subject to reporting. Since the Act was enacted, the Enforcement Decree of the Act on the Management and Use of Livestock Excreta (hereinafter “Enforcement Decree of the Act”) was enacted on Sept. 27, 2007, and the “nive raising facilities with a size of 60 square meters or more” was set as discharge facilities subject to reporting as stated in the facts charged.

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

B. Meanwhile, “person subject to reporting under Article 11(3)” under Article 50 subparag. 3 of the Livestock Excreta Act refers to “a person who intends to install or alter the reported matters with a waste-generating facility exceeding the scale prescribed by Presidential Decree.” If a person who installed a waste-generating facility is not a person subject to reporting at the time of the installation, even if he/she thereafter falls under the subject matter subject to reporting pursuant to the amendment of the relevant Act and subordinate statutes, he/she is subject to reporting under Article 11(3) of the Livestock Excreta