Whether a person who manufactures parts of a septic tank with a load made from a septic tank manufacturer falls under the category of "a person who manufactures a septic tank without filing for registration" as prescribed in subparagraph 8 of Article 53 of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater (negative)

The term "sanitation tank" in Article 53 subparag. 8 and Article 39(1) of the Act on the Disposal of Sewage, Excreta, and Livestock Wastewater means a facility for purifying wastewater discharged from a hydrogen toilets in accordance with the methods prescribed by Ordinance of the Prime Minister, such as sedimentation, decomposition, etc. Therefore, if part of the parts necessary for the completion of a septic tank is manufactured by a septic tank manufacturer who is registered with the septic tank manufacturer and supplied the said septic tank manufacturer with the parts necessary for the completion of the septic tank, and the septic tank manufacturer manufactures the parts supplied from the parts manufacturer and other parts necessary for the completion of the septic tank and sells them during the market, the parts manufacturer does not constitute the "person who manufactures the septic tank without the registration under Article 39(1)" who is subject to punishment under Article 53 subparag. 8 of the Act on the Disposal of Sewage, Excreta, and Livestock Wastewater.

Articles 39(1) and 53 subparag. 8 of the Act on the Disposal of Sewage, Excreta, and Livestock Wastewater

Defendant

Prosecutor

Seoul District Court Decision 96No4365 delivered on October 25, 1996

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In light of the relevant provisions such as Article 2 of the Act, Articles 3, 14, 61, 63, 63-2, and attached Tables 2, 10, 10-2, and 10-2 of the Enforcement Rule of the same Act, and the legislative purpose of the above Act, the "sanctation" in Articles 53 subparagraph 8 and 39 (1) of the above Act means a facility for purifying wastewater discharged from a hydrogen urinal, in accordance with the method prescribed by Ordinance of the Prime Minister, such as sedimentation and decomposition. Thus, the part necessary for the completion of the septic tank with the sewage from a septic tank manufacturer registered as a part of the septic tank and supplied it to the septic tank manufacturer, and the septic tank manufacturer is not subject to punishment under Article 53 (1) of the above Act unless he/she is subject to punishment under Article 8 (1) of the Act.

Therefore, as determined by the court below, if the defendant leased steel structure for which the above plastic industry had been used as a storage from the non-indicted 5 Co., Ltd. (hereinafter referred to as the "Ssung"), manufactured the body body, sprink, and spons as part of the septic tank after being provided with the mold, and supplied it to the above sponsing industry, and the above sponsing industry combines the above septic tank parts supplied by the defendant with the above septic tank parts within the body and connects the pipe with the spons and sponss, and sells them through an agent after completing purification work by attaching a lid, the defendant cannot be deemed to have manufactured the "sponsing tank" as stipulated in Article 2 subparag. 5 of the Act. Accordingly, it cannot be deemed that the defendant erred in the misapprehension of the legal principles as to the treatment of excreta, and there is no error in the misapprehension of the legal principles as alleged in the ground of appeal, and there is no errors in the misapprehension of the judgment of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-ho (Presiding Justice)