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(영문) 의정부지방법원 2015.11.16 2015고정2293

수질및수생태계보전에관한법률위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, each of them shall be 100,000.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the textile manufacturing business with the trade name of corporation B, and the defendant corporation B is a corporation engaged in the textile manufacturing business.

1. Defendant A shall obtain permission to install wastewater discharge facilities that discharge specific substances harmful to water quality exceeding the standards prescribed by Ordinance of the Ministry of Environment;

Nevertheless, the defendant A discovered trichloroethylene (TCE) 0.295mg/liter, tetrachloroethylene (PCE) 0.0120mg/liter from the raw water in wastewater discharge facilities, without obtaining the above permission, at the factory in Scheon-si, Macheon-si, Macheon-si, 2014.

As a result, Defendant A’s failure to obtain permission for the installation of a specific substance harmful to water quality is found to have detected and violated the specific substance harmful to water quality as above.

2. Defendant B, as his employee, committed the same act as that of paragraph (1) in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 75 Subparag. 1 and Article 33(1) of the Water Quality and Ecosystem Conservation Act; selection of fines

B. Defendant B: Articles 81, 75 subparag. 1, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act; selection of fines

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