The defendant is innocent. The summary of this judgment shall be notified publicly.

The defendant is a person who operates a Korean cattle shed. A person who intends to establish a cattle breeding facility with an area of at least 100 square meters but less than 900 square meters shall report to the head of the competent Si/Gun/Gu.

Nevertheless, the Defendant did not report, from February 2012 to October 23, 2013, installed a cattle raising facility with a size of 180 square meters in the north-gu, Posi-si, Pohang-si from February 2012 to October 23, 2013.

Judgment

A. Under Articles 50 subparag. 3 and 11(3) of the Act on the Management and Use of Livestock Excreta enacted by Act No. 8010 on September 27, 2006 (hereinafter “the Livestock Excreta Act”), a person subject to reporting refers to a person who intends to install or alter a waste-generating facility exceeding the scale prescribed by Presidential Decree. If a person who installed a waste-generating facility does not have any person subject to reporting at the time of installation, even if the person subject to reporting at the time of installation, he/she constitutes a person subject to reporting pursuant to the amendment of the relevant Act, the person subject to reporting cannot be deemed as a “person who intends to install a waste-generating facility,” a person subject to reporting under the said provision, and a penal provision should be strictly interpreted and applied in accordance with the language and text of the Act and shall not be excessively expanded or analogically interpreted or analogically interpreted in the direction unfavorable to the defendant. The foregoing interpretation also applies to a person subject to reporting under Article 2(1) of the Enforcement Decree of the Livestock Excreta Act without delegation of the Livestock Excreta Act.

(see, e.g., Supreme Court Decision 2011Do2471, Jul. 14, 2011). Moreover, Article 50 Subparag. 3 of the former Livestock Excreta Act (amended by Act No. 10973, Jul. 28, 201) fails to report in violation of Article 11(3) or submits a false report.