The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is merely the passage, stoves, and feed in the marina section in the upper part of the interpretation of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”), and the area of the horse breeding facility in this case does not fall under the discharge facilities subject to reporting under the Livestock Excreta Act, and even if the area of the horse breeding facility in this case is not less than 100 square meters, the area of the horse breeding facility in this case does not fall under the discharge facilities subject to reporting under the Livestock Excreta Act, and even if the area of the horse breeding facility in this case is more than 10 square meters, the facility installed by the Defendant is a simple facility in the closed factory, and thus does not fall under the discharge facilities subject to reporting.

2. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, the lower court determined that the Defendant may recognize the fact that the Defendant, without reporting to the competent authority as stated in the lower judgment, installed a horse breeding facility on a site of approximately 132 square meters in a waste plant and raises 24 mar at the end, without reporting to the competent authority.

The decision was determined.

1) Article 2 Subparag. 3 of the Livestock Excreta Act provides that “Discharge facilities” means facilities, places, etc. where livestock are generated due to raising home cattle, and other places prescribed by Ordinance of the Ministry of Environment, such as livestock penss and other places.” Article 2 of the Enforcement Rule of the Livestock Excreta Act provides that “The matters prescribed by Ordinance of the Ministry of Environment as prescribed by Article 2 Subparag. 3 of the Act on Livestock Excreta” refers to milk rooms, food rooms, powder rooms, and booms.

Meanwhile, Article 11(3) of the Livestock Excreta Act provides that a person who intends to install or is installing or operating a waste-generating facility exceeding a certain size shall report to the head of a Si/Gun/Gu. Article 8 and attached Table 2 of the Enforcement Decree of the Livestock Excreta Act provide for “a horse breeding facility with a size of at least 100 square meters and less than 90 square meters” as an emission facility subject to reporting.

2) Pursuant to Article 8 of the Enforcement Decree of the Excreta Act, livestock excreta is governed by the law.