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(영문) 대전지방법원 2019.01.16 2018가합828

손해배상(기)

Text

1. The Defendant jointly with C and D, as well as KRW 423,830,00,00 for the Plaintiff and the Plaintiff from April 28, 2018.

Reasons

Based on the facts, the relevant Plaintiff is a company that implements projects for the construction and sale of the E industrial complex, an industrial complex under the Industrial Sites and Development Act, and C (hereinafter referred to as “Nonindicted Company”) is a company that sells the land in the E industrial complex and constructs a factory, such as wastewater treatment facilities, on the ground thereof, carries on the business of collecting and disposing industrial wastes. D is the representative director of the non-party company, and the Defendant is the head of the non-party company, who is in charge of environmental management, such as the operation of the prevention facilities of the non-party company.

After the criminal case against the Defendant, the Defendant entrusted the Defendant with the following: (a) the person in charge of environmental management related to wastewater treatment of the non-party company; (b) the wastewater treatment business operator, in consideration of the wastewater treatment capacity and possibility of treating wastewater; (c) around January 30, 2017, the non-party company’s workplace moved the above vehicle into the tank, which is the tank for collecting wastewater, and thus, it is impossible to treat wastewater normally; (d) however, from February 1, 2017 to February 22, 2017, the Defendant entrusted 490 square meters of wastewater from 15 companies, including G, without considering the treatment capacity and possibility of treating wastewater; and (e) the fact that the wastewater discharged from the non-party company’s workplace from January 1, 2017 to February 20, 2017 to 30-40 meters away from the boundary of the non-party company’s final site to 40-40 meters away from the boundary of the non-party company.

“A” is charged with violating the Water Quality and Aquatic Ecosystem Conservation Act with respect to the unauthorized discharge of wastewater, and is sentenced to imprisonment on July 6, 2017 at the Seosan Branch of the Daejeon District Court.