beta
(영문) 수원지방법원 2020.07.21 2020고정340

물환경보전법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who actually operates a defendant B corporation established for the purpose of metal processing business in Gyeonggi-do.

1. A person who intends to install a wastewater discharge facility of a defendant shall obtain permission from the Mayor/Do Governor or file a report thereon with the Mayor/Do Governor;

The Defendant did not file a report on the installation of wastewater discharge facilities with the above B Co., Ltd., located in Gyeonggi-si, and the Defendant installed two parts of the manufacturing facilities of metal products from May 2009 to October 18, 2019 (0.44 square meters of accommodation oil, storage facilities capacity 0.94 square meters, and 0.91 square meters); from August 2019 to October 18, 2019, one unit of manufacturing facilities of metal processed products (the accommodation oil, storage facilities capacity 1.03 square meters, and each of the above facilities (hereinafter referred to as the “instant facilities”) for each of them; installed each of them from around August 2019 to October 18, 2019.

2. Defendant B Co., Ltd. was an employee with respect to its business at the time and place specified in paragraph (1), and Defendant B committed such a violation.

Summary of Evidence

1. Defendants’ partial statement

1. Application of Acts and subordinate statutes requesting an investigation of a water environment conservation business establishment;

1. Defendant A: Article 76 subparagraph 2 of the Water Environment Conservation Act and Article 33 (1) of the Water Environment Conservation Act; Article 81, subparagraph 2 of Article 76, and Article 33 (1) of the Water Environment Conservation Act; Article 81, and Article 86 (1) of the Water Environment Conservation Act;

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

1. Defendants of the provisional payment order: Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the instant facility is not “discharge” but “discharge”, and it is a structure that reconcilates “recycling” and discharges wastewater in the process, and thus does not constitute wastewater discharge facilities.

2. Determination of Article 2 subparag. 10 of the Water Environment Conservation Act provides that “wastewater discharge facilities” shall be construed as “facilities and machinery that discharge water pollutants.”