[1] Whether the treatment facilities of livestock wastewater installed voluntarily by a livestock raiser without going through lawful procedures under the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater constitutes the treatment facilities of livestock wastewater under Article 28 (1) 1 of the same Act (negative)

[2] The case holding that a livestock farmer's act of discharging livestock wastewater under Article 28 (1) 1 of the former Act without flowing it into the treatment facilities of livestock wastewater, where he arbitrarily installs a liquid manure storage tank without lawful permission or report under the same Act, and discharges livestock wastewater generated from a farm after discharging it into the above storage tank

[1] The purport of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Act No. 8014, Sept. 27, 2006) is to prevent environmental pollution caused by livestock wastewater by verifying in advance whether the pertinent facilities meet the treatment capacity and installation standards as prescribed by the said Act and preventing the use of facilities inconsistent with the said standards through such procedures. In light of the above, the treatment facilities of livestock wastewater installed voluntarily by a livestock farmer without undergoing lawful procedures under the said Act do not constitute treatment facilities of livestock wastewater under Article 28(1)1 of the said Act.

[2] The case holding that the livestock raiser's act of discharging livestock wastewater under Article 28 (1) 1 of the former Act without flowing it into the treatment facilities of livestock wastewater, where he arbitrarily installs a liquid manure storage tank without lawful permission or reporting under the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Act No. 8014, Sept. 27, 2006) and discharges livestock wastewater generated from a farm after discharging it into the above storage tank

[1] Articles 2 subparag. 8-3, 24-2, 25, 26, and 28(1)1 of the former Act on the Disposal of Sewage, Excreta, and Livestock Wastewater (repealed by Act No. 8014 of Sept. 27, 2006) / [2] Articles 2 subparag. 8-3, 24-2, 25, 26, and 28(1)1 of the former Act on the Disposal of Sewage, Excreta, and Livestock Wastewater

Defendant

Defendant

Attorney Lee Han-cheon

Daejeon District Court Decision 2007No600 Decided June 28, 2007

The appeal is dismissed.

We examine the grounds of appeal.

1. Article 2 subparag. 3 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Act No. 8014, Sept. 27, 2006; hereinafter “the Act”) provides that a livestock raiser shall be granted permission or make a report to the head of a Si/Gun/Gu (hereinafter “head of a Si, etc.”) to install and use a livestock wastewater treatment facility (Article 24-2); and Article 25 of the Act provides that livestock raisers shall undergo an inspection of the completion of installation of the livestock wastewater treatment facility (Article 26). The Act provides that the livestock raisers shall undergo an inspection of the completion of construction of the livestock wastewater treatment facility; however, the Act provides that the livestock raisers shall arbitrarily verify the capacity to treat livestock wastewater and undergo a report or inspection of the completion thereof in the installation and use of the livestock wastewater treatment facility, thereby failing to meet the prescribed requirements for installation of the livestock wastewater treatment facility under Article 18(1) of the Act.

In light of the above legal principles and records, the Defendant did not obtain permission from the Mayor, etc. or report to the Mayor, etc. when installing liquid storage tanks as stated in the facts charged of the instant case, and could have known the fact that the Defendant failed to undergo a completion inspection. Thus, the Defendant’s act of discharging livestock wastewater discharged from the livestock wastewater discharge facilities operated by the Defendant, which discharged livestock wastewater discharge from the livestock wastewater discharge facilities without flowing it into the livestock wastewater treatment facilities under Article 28(1)1 of the Act,

Therefore, the judgment of the court below which held that the liquid manure storage tank used by the defendant does not fall under the treatment facilities of livestock wastewater as prescribed by the Act is just, and there is no error of law by misapprehending the legal principles as to liquid manure storage facilities and treatment methods of livestock wastewater

2. The court below rejected the defendant's assertion that the act as stated in the facts charged of this case constitutes a justifiable act on the grounds as stated in its reasoning. In light of the relevant legal principles and records, the above judgment of the court below is just and there is no error of law by misapprehending the legal principles

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon (Presiding Justice)