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(영문) 창원지방법원 2015.09.16 2014노1702

수질및수생태계보전에관한법률위반

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Grounds for Appeal

It is true that the pipes connected to the cooling water tank operated in the factory of this case have been installed outside of the facilities, but it is only that they have been installed in the process of testing the relocation of the factory and the alteration of the cooling method, not with the intention to discharge water pollutants.

Therefore, the judgment of the court below which found the defendant guilty without establishing a violation of the Water Quality and Aquatic Ecosystem Conservation Act is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination

A. A person who operates a wastewater discharge facility as a summary of the facts charged, is prohibited from discharging water pollutants discharged from the discharge facility without flowing them into the prevention facility, or installing facilities that can discharge water pollutants without flowing them into the prevention facility. On August 26, 2013, the Defendant installed facilities that can discharge water pollutants discharged from the cooling process outside the place of business in E (hereinafter “instant factory”) operated by himself/herself (hereinafter “instant factory”), even though he/she should discharge, reuse and entrust the treatment of wastewater generated from the cooling process into the cooling tank, and even if he/she should connect the pipes to the cooling water tank to the cooling water tank.

B. According to the evidence duly adopted and examined by the court below and the court below, the manufacturing process of products produced in the factory in this case and the manufacturing process of wastewater, the treatment method and cycle thereof are as follows. A) The manufacturing process of products produced in the factory in this case is as follows: (a) - mination of raw materials (production of heating Pool (TP, PE, Pool, etc.) - - air conditioners and cutting (TPU, etc.) - - packing of heating Pool (TPU, etc.) - the manufacturing process that causes wastewater is as a cooling process during the above process; and (b) the process that causes wastewater is to make the semi-finished products stored in the process of crushing and pressure air condition less than a certain temperature so that it can be cut by cooling them below a certain temperature.

B. The cooling process is a way to pass through the above half-finished product on a certain water temperature.