The meaning of the "person subject to report under Article 24-2 (4) of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater" as stipulated in subparagraph 6 of Article 55 of the same Act, and whether the person who installed the livestock wastewater discharge facilities has not been subject to report at the time of the installation, and whether it constitutes the "person subject to report under Article 24-2 (4) of the same Act" in the event that the facilities are not subject to report after the revision of the relevant Act and subordinate statutes

Article 55 subparagraph 6 of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater (hereinafter referred to as "person subject to report under Article 24-2 (4) who uses livestock wastewater discharge facilities without installing livestock wastewater treatment facilities under Article 25 (1), and Article 24-2 (4) of the same Act provides that "any person who intends to install facilities, other than livestock wastewater discharge facilities under paragraph (1), the scale of which exceeds the scale prescribed by Presidential Decree, shall report to the head of a Si/Gun/Gu under the conditions as prescribed by Ordinance of the Ministry of Environment. The same shall apply to the case where he intends to modify the reported matters." Thus, "person subject to report under Article 24-2 (4) of the same Act" refers to a person who intends to install livestock wastewater discharge facilities exceeding the scale prescribed by Presidential Decree or to change the reported matters, and even if a person already installed livestock wastewater discharge facilities falls under the scope of the facilities subject to report after the revision of the relevant Act and subordinate statutes, the person subject to report shall not be deemed to fall under "person subject to report" under Article 24-2 of the same Act.

Articles 24-2 (4), 25 (1), and 55 subparagraph 6 of the Act on the Disposal of Sewage, Excreta, and Livestock Wastewater

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Prosecutor

Seoul District Court Decision 2000No7575 Delivered on November 30, 2000

The appeal is dismissed.

1. Article 55 subparagraph 6 of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater (hereinafter referred to as the "Act") provides that "a person subject to the report under Article 24-2 (4), who uses livestock wastewater discharge facilities without installing livestock wastewater treatment facilities under Article 25 (1), shall be punished, and Article 24-2 (4) of the Act provides that "a person who intends to install facilities other than livestock wastewater discharge facilities under paragraph (1), the scale of which exceeds the scale prescribed by Presidential Decree, shall report to the head of a Si/Gun/Gu under the conditions as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where he intends to modify the reported matters." Thus, "a person subject to the report under Article 24-2 (4) of the Act" refers to a person who intends to install livestock wastewater discharge facilities above the scale prescribed by Presidential Decree, or a person who has already installed livestock wastewater discharge facilities pursuant to Article 55-2 (4) shall not be deemed to be a person subject to the report under Article 97-2 (3) of the Act.

2. According to the facts charged of this case, “the Defendant installed and operated livestock wastewater facilities without filing a report with the Mayor of Namyang-si during the period from January 1, 1997 to December 9, 199, while installing and operating 16 milch cows, 98.25 m2, 326.5 m2, 326.5 m2 in the sports area of milch cattle breeding facilities.”

However, under Article 7 [Attachment 2] of the former Enforcement Decree of the Act (amended by Presidential Decree No. 15456 of Aug. 11, 1997), the former Enforcement Decree of the Act (amended by Act No. 5864 of Feb. 8, 199) separately prescribes that "area 350 square meters or more and less than 900 square meters" shall be "area 350 square meters or less, and Article 14 [Attachment 2] of the former Enforcement Decree of the Act (amended by Presidential Decree No. 16508 of Aug. 6, 1999) provides that "the area of cattle breeding facilities, which are livestock wastewater facilities subject to reporting under Article 24(4) of the former Act, shall be 200 square meters or more, or 600 square meters or less, but it shall be 40 or less than 200 square meters" as "the area of cattle breeding facilities subject to reporting under Article 24(4) of the Act" as "the area of cattle breeding facilities subject to reporting.

Therefore, the milch cattle breeding facilities, which are livestock wastewater facilities installed by the Defendant, do not constitute livestock wastewater facilities subject to reporting before the Enforcement Decree was amended by Presidential Decree No. 16508 of August 6, 1999. Moreover, even after the amendment of the above Enforcement Decree, it cannot be said that it constitutes “a person who intends to install livestock wastewater facilities” because it does not newly install livestock wastewater facilities, but merely uses livestock wastewater facilities after the amendment.

In the same purport, the court below is just in holding that a person who intends to continue to use the existing wastewater discharge facilities from among those whose existing wastewater discharge facilities fall under the scale to be reported by the amendment of the Enforcement Decree of the Act shall not be "the person who intends to install the wastewater discharge facilities or the person who intends to modify the already reported matters" under Article 24-2 (4) of the Act, and there is no error in the misapprehension of legal principles as to the treatment of sewage, excreta and livestock wastewater, as otherwise

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)