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(영문) 울산지방법원 2014.06.13 2014고단516

대기환경보전법위반

Text

Defendant

A shall be punished by a fine of KRW 7,000,00,00,000, in four months of imprisonment for the defendant corporation B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the factory head of Ulsan Nam-gu E Co., Ltd., and the defendant B is a corporation established for the purpose of manufacturing cutting processing and surface processing lectures.

1. Defendant A

(a) In cases where a business operator intends to install not less than 3 miles of power in a special measures area, he/she shall obtain permission to install air emission facilities;

Nevertheless, from around 11:00 on October 30, 2013 to around 13:00 on the same day, the Defendant carried out a painting work with a unit of 8.9ma-year electric power, which is a standby emission facility, without obtaining permission for installation of standby emission facilities from an outdoor place of business in the place of business.

(b) No business operator shall operate preventive facilities when he/she operates air emission facilities;

Nevertheless, the Defendant did not operate the said preventive facilities when carrying out painting work from September 24, 2013 to October 30, 2013 as power-driven weapons of 8.9math from the outdoor workplace in the said workplace to October 30, 2013 (5 Dong, 1,312 cubic meters x 2 meters) while carrying out painting work in the said workplace (500 cubic meters x 1 meter x 250 cubic meters x 1 meter). The Defendant did not operate the said preventive facilities while carrying out painting work in the said workplace from October 30, 2013 to October 30 of the same day.

2. Defendant B, who is an employee of the Defendant, committed the above illegal act in relation to the Defendant’s business at the time and place as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation;

1. Application of Acts and subordinate statutes to field photographs (No. 6 No. 5 of evidence lists), painting work logs;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, and Article 89 subparagraph 3 of the same Act and Article 31 (1) 1 of the same Act (cases where preventive facilities are not consented to), Defendant B, who has selected imprisonment, shall be sentenced to imprisonment: Air Conservation Act, Articles 95 and 90 subparagraph 1 of the same Act, and Article 23 (1) of the Clean Air Conservation Act;