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(영문) 전주지방법원 군산지원 2020.01.08 2019고단1254

물환경보전법위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that conducts machinery parts manufacturing business in Gunsan City, and the defendant A is a managing director of the above company, who exercises overall control over the environmental field.

1. A person who intends to install facilities that discharge wastewater containing specific substances harmful to water quality exceeding a certain level specified by Defendant A shall obtain permission from the competent authority;

Nevertheless, from early February 2018 to May 10, 2019, the Defendant, at the place of business of the said company, installed and used one quarium facility, which uses wastewater containing wastewater containing specific substances harmful to water quality, including copper and its compound 7.160mg/L (standard concentration 0.1mg/L), hydrogen and its compound 0.158mg/L (standard concentration 0.01mg/L), lead and its compound 0.098mg/L (standard concentration 0.01m/L) and 12mg/L (standard concentration 0.01m/L) from the beginning of February 2018 to the beginning of May 10, 2019, without obtaining permission from the competent authority.

2. Defendant B, a managing director of the Defendant, committed the same offense as that set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Application of statutes to certificates of violation, photographs of violation, certificates of extraction of samples, results of sample analysis, an assignment order for registered matters;

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

(a) Defendant A: Subparagraph 1 of Article 75 and Article 33 (1) of the Water Environment Conservation Act;

B. Defendant B: Articles 81, 75 subparag. 1, and 33(1) of the Water Environment Conservation Act [Selection of Fine]

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