The defendant shall be innocent.

1. Where a person who outlines the facts charged installs and operates a livestock excreta waste-generating facility of at least a certain size, he/she shall file a report thereon with the competent authority;

Nevertheless, on March 25, 2014, the Defendant raised about 67 m2 in Yangju-si with a large size of about 300 square meters, without reporting the installation of livestock excreta discharge facilities to the competent authority, and installed and operated livestock excreta discharge facilities without permission.

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 without filing a report in violation of Article 11(3) or after filing a report by fraudulent or other illegal means,” and Article 11(3) of the Livestock Excreta Act provides that “a person who intends to install a waste-generating facility in excess of the scale prescribed by Presidential Decree, among discharge facilities not subject to permission under paragraph (1), shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment.” The same shall also apply where he/she intends to modify the reported matters.” Thus, a person subject to reporting under Articles 50 subparag. 3 and 11(3) of the Livestock Excreta Act refers to a person who intends to install a waste-generating facility in excess of the scale prescribed by Presidential Decree, or a person who intends to modify the reported matters, even if the person who installed the waste-generating facility was not subject to reporting at the time of the installation.”

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