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(영문) 창원지방법원 2020.08.11 2020고정63

물환경보전법위반

Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of (StateB) in Kim Sea-si, and the defendant corporation B is a corporation established for the purpose of manufacturing construction machinery parts and manufacturing equipment for construction works.

Any person who intends to install emission facilities which discharge specific water-quality harmful substances in excess of the standards prescribed by Ordinance of the Ministry of Environment shall obtain permission from the competent authority, as prescribed by Presidential Decree, and shall not install emission facilities in restricted areas for the installation of emission facilities publicly notified by the Minister of Environment

1. On January 2018, Defendant A, without obtaining permission, operated the above emission facilities from April 2019 to October 14, 2019, on three water-saving machines (one cubic meters in cubic meters x 1,0.41 cubic meters x 2 in cubic meters x 1,0.41 cubic meters x x 2) discharged “Guide, lead, and cadmium,” which is a specific water-quality hazardous substance, from the place of business located in the area where the installation of emission facilities is restricted.

2. Defendant B, at the time and place specified in paragraph (1), committed a violation described in paragraph (1) by the representative director of the Defendant regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Written statements;

1. On-site photographs, business trips, guidance and checkup signs of discharge facilities, replys to the results of examination of wastewater, and reports on wastewater treatment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 75 Subparag. 1, Article 33 (1), Article 75 Subparag. 2, and Article 33 (7) of the Water Environment Conservation Act; Article 81, Article 75 Subparag. 1, Article 33 (1), Article 75 Subparag. 2, and Article 33 (7) of the Water Environment Conservation Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act