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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, in the name of “D farm” in Jeonju-gun, Jeonju-gun, is a person engaged in a chickens breeding business. On November 25, 201, the Defendant raised chickens using 2,69 square meters, which is an emission facility installed without reporting to the competent authority, around November 25, 201.
2. The definitions of terms used in this Act are as follows, Article 2 of the Environmental Conservation Act (amended by Act No. 3903 of Dec. 31, 1986) (Definition of Terms).
12. The term "discharge facilities" means facilities, machinery, apparatus and other objects which pollute the atmosphere, water quality and soil, or cause or threaten to cause any damage to citizens' health and living environment due to noise, vibration, malodor, etc. and which are prescribed by the Ordinance of the Ministry of Health and Welfare;
Article 15 (Permission for Installation of Emission Facilities) (1) Any person who intends to install emission facilities shall obtain permission from the Administrator of Environment Office under the conditions as prescribed by the Presidential Decree.
The same shall apply to the modification of permitted matters.
The discharge facilities as prescribed in subparagraph 12 of Article 2 of the Enforcement Rule of the Environmental Conservation Act (amended by the Ordinance of the Ministry of Health and Welfare No. 788 of April 9, 1986) are as shown in the attached Table 2.
The definitions of terms used in this Act are as follows, under Article 2 (Definition) of the Water Quality Conservation Act (amended by Act No. 4260, Aug. 1, 1990; Act No. 4260, Feb. 2, 1991) of the Water Quality Conservation Act (amended by Act No. 4260, Feb. 2, 1991; Act No. 4518, Feb. 2, 1991);
5. The term "wastewater discharge facilities" means facilities, machinery, apparatus and other objects prescribed by Ordinance of the Prime Minister, which discharge water pollutants into public waters;
Provided, That ships and marine installations provided for in Article 2 of the Prevention of Marine Pollution Act shall be excluded.
Article 10 (Permission for Installation of Discharge Facilities)