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(영문) 대전지방법원 서산지원 2020.04.16 2019고정351
가축분뇨의관리및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is a corporation established for the purpose of producing fertilizers in Chungcheongnam-si, Chungcheongnam-si, and the defendant A is the representative of B.

1. Where the living environment or public waters are polluted or are likely to be polluted due to livestock excreta, manure, or liquid manure discharged or stored, the head of a Si/Gun/Gu may order a person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, or other owner or manager of livestock excreta, manure, or liquid manure to take necessary measures for the prevention of environmental pollution, such as changing the method of storage of livestock excreta, manure, or liquid manure, and a person in receipt of an order shall comply therewith;

around November 8, 2018, the Defendant received an order to change or remove the method of storage from November 12, 2018 to December 11, 2018, with respect to the compost by-products accumulated outside B from the Jin market, and thereafter was extended by March 31, 2019.

Nevertheless, by March 31, 2019, the Defendant did not change or remove the storage method of the said by-products without good cause.

Accordingly, the defendant did not comply with the order of the competent authorities.

2. At the time and time set forth in Paragraph 1, Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. The accusation, on-site photographs;

1. Examination and reporting following an administrative disposition (measures order) and non-performance of an order to take measures under the Livestock Excreta Act, and application of statutes on site photographs;

1. Article 50 subparagraph 2 of Article 50 and Article 10 (2) (Selection of Fines) of the Act on the Management and Use of Livestock Excreta; Articles 52, 50 subparagraph 2 of Article 50 and Article 10 (2) (Application of Fines) of the Act on the Management and Use of Livestock Excreta;

1. Detention at a workhouse;

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