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(영문) 창원지방법원 2020.05.15 2019노1964
가축분뇨의관리및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) entrusted an external specialized company with cleaning, inspecting, and repairing the storage tank (hereinafter “the storage tank of this case”) of the defendant’s farm and performed occupational duties necessary to prevent livestock excreta from flowing into public waters in a swine breeding farm operated by the defendant, such as checking the aforementioned storage tank every day, but the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, it is determined that the Defendant did not fulfill its duty of care necessary to prevent the Defendant from flowing livestock excreta in the instant storage section into public waters. Therefore, the Defendant’s assertion is unacceptable.

In full view of the fact that there was no other farm in the vicinity of the Defendant’s farm at the time of the occurrence of the instant case, the livestock excreta flown from the side of the dials where the storage tank of this case was laid underground to the excellent pipes directly adjacent to the dials, and the livestock excreta flown to F, public waters, and excreta flown to the upper part of the storage tank of this case, and the Defendant also recognized the fact that livestock excreta flown to the upper part of the storage tank of this case, it is determined that the livestock excreta flown to F was leaked due to rupture inside the storage tank of this case.

According to Article 15 and attached Table 6 of the Enforcement Rule of the Act on the Management and Use of Livestock Excreta (hereinafter referred to as the "Act on Livestock Excreta"), the management of a waste-generating facility and disposal facility of livestock excreta shall be conducted to verify whether there is a stegical phenomenon, leakage, rupture of the floor, etc., and to check or repair the operation of each facility and the quality of water discharged from each facility every day so that functions can

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