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(영문) 대전지방법원 논산지원 2016.07.28 2015고단736
가축분뇨의관리및이용에관한법률위반등
Text

Defendant

A Co., Ltd. shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by a fine of 3,500,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a person who installs electric installations (capacity 250kW, voltage 22,905) and facilities for the discharge and treatment of excreta in total 11 vehicles in 5 lots outside Chungcheongnam-gun Co., Ltd. and Defendant B is a substantial representative of the said Co., Ltd.

1. Defendant B

(a) No person who discharges, collects, transports, disposes of, or spreads livestock, manure, or liquid manure in violation of the Act on the Management and Use of Livestock Excreta shall, by negligence in the course of performing his/her duties, flow them into, or threaten to flow them into, a public water zone defined in subparagraph 9 of Article 2 of the Water Quality and Ecosystem Conservation Act;

A person who operates a facility for discharging or disposing of excreta, manure, or liquid manure has a duty of care to properly manage the waste-generating facility and prevent the excreta, etc. from flowing into neighboring public waters.

Nevertheless, at around 14:00 on July 30, 2015, the Defendant, while operating the above farm, caused livestock excreta stored in the above swine breeding facility, etc. to flow into neighboring farming waterways due to occupational negligence that failed to properly manage the discharge facility.

Ultimately, the Defendant caused livestock excreta, manure, and liquid manure to be flowed into the farm water by occupational negligence above.

(b) An operator of the electric utility business or an owner or occupant of electric installations for private use in violation of the Electric Utility Business Act shall appoint an electrical safety manager for each field of electric safety from among those who have acquired technical qualifications in the fields of electricity, machinery and civil engineering under the National Technical Qualification Act in order to perform the duties of safety management concerning the construction, maintenance and operation of electric installations as prescribed by Ordinance of the Ministry of Trade, Industry

Nevertheless, from April 25, 2015 to August 26, 2015, the Defendant used and occupied electric installations (registration number G, capacity 250km, voltage 22,900V) in the said swine breeding facility, etc.

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