수질및수생태계보전에관한법률위반
1. The judgment below is reversed.
2. The Defendants are not guilty. 3. The summary of the judgment against the Defendants is published.
1. Summary of grounds for appeal;
A. Under the facts charged of mistake of facts or misapprehension of legal principles, manufacturing facilities for processed metal products (flass cutting facilities and the damp oil refining facilities below them; hereinafter “instant facilities”) cannot be deemed as wastewater discharge facilities, and the water belonging to the above statics cannot be deemed as wastewater.
Therefore, the judgment of the court below which found the Defendants guilty without establishing a violation of the Water Quality and Aquatic Ecosystem Conservation Act is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 5,00,000) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The summary of the facts charged is as follows: (a) Defendant A, without obtaining permission from the competent authority from January 201 to November 25, 2013; (b) installed and operated a manufacturing facility for metal processed products, the maximum volume of wastewater per day of which includes the payment that is a specific substance harmful to water quality, at the manufacturing chain B, which is run by himself/herself, was 27 cubic meters of wastewater; and (c) Defendant B, the representative director, committed such a violation in relation to his/her duties.
B. Article 35(1) of the Constitution provides that “All citizens shall have the right to live in a healthy and pleasant environment, and the State and citizens shall endeavor to preserve the environment.”
The environmental right is the right to enjoy a good environment as a condition to maintain a healthy and pleasant life, which serves as a foundation to protect the freedom of life and body, and ultimately aims to ensure the quality of life.
When exercising environmental rights, citizens may exercise their rights not to infringe on the freedom to enjoy a healthy and pleasant environment of the State, and in certain cases.