대기환경보전법위반
The defendant shall be innocent.
1. Although a person who intends to install at least 3 cubic meters of the main points of the facts charged shall file a report on the installation of an emission facility of air pollutants with the competent authority, the Defendant, while operating a manufacturer of “D” in Seo-gu Incheon from March 2014 to November 17, 2016, in operating the manufacturer of “D” in Seo-gu Incheon, the Defendant did not file a report with the competent authority, even though he/she installed a 4.8 cubic meters of 4.8 cubic meters (x1 metres, x2 metres in 2.4 cubic meters from February 4, 2014).
2. Determination
A. The Defendant and the Defendant’s defense counsel’s assertion was installed from March 2014, 3 parts of the heating facilities for the self-building and heating facilities from around March 2014. While 2.4 cubic meters used LPG gas as fuel, it constitutes indirect heating facilities using electricity only 2 metres from 1.21 cubic meters.
Since indirect heating facilities using only electric devices are excluded from air pollutants emission facilities, Defendant’s facilities do not constitute emission facilities subject to reporting, since the volume of the facilities out of the manufacturing facilities of Dog himself/herself and products required for business does not fall under at least three cubic meters.
(b) According to relevant laws and regulations 1) Article 23(1) of the Air Quality Conservation Act, any person who intends to install air pollutants emission facilities shall obtain permission from a Mayor/Do Governor or report to a Mayor/Do Governor, as prescribed by Presidential Decree, Article 90(1) of the same Act shall punish any person who installs or alters the emission facilities, or operates any business using the emission facilities, without filing a false report, or after filing a false report; and “air pollutants emission facilities” referred to in Article 2(11) of the same Act means a facility, machine, apparatus or other object prescribed by Ordinance of the Ministry of Environment, which emits air pollutants into the atmosphere
2) Article 5 of the Enforcement Rule of the Air Quality Conservation Act shall be determined as air pollutants emission facilities (attached Table 3), and the matters related to this case in [Attachment Table 3] are as follows.
2. Air pollution emission facilities applicable from January 1, 2015;
(a)the criteria for the application of discharge facilities;