beta
(영문) 울산지방법원 2014.09.18 2014고단2218

수질및수생태계보전에관한법률위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the vice head of corporation B in Ulsan-gu, Ulsan-gu, and the defendant corporation B is a corporation established for the purpose of the steel product construction business, equipment construction business, etc.

1. No one shall leak or leak poisonous substances under the Toxic Chemicals Control Act into public waters due to occupational negligence or gross negligence;

On February 2, 2014, the Defendant performed a test excavation in order to verify underground facilities before the installation of an underground space, at the site of the installation of an underground port line, and at the site of the file construction, installed marks on underground facilities.

At that time, the majority of the transfer pipes, such as oil pipelines, were laid underground, so the defendant, who is the person in charge of the construction site, had a duty of care to prevent the leakage of poisonous substances, such as whether the location of already indicated items has been changed when excavated for the construction of files, and closely checking the location of the transfer pipes, etc. laid underground.

Nevertheless, around 20 days from the date of the test excavation, the defendant did not properly confirm the location of the display item due to the heavy snow during that period, and conducted the astronomical work as it is, according to the location existing at the site of the installation work at the installation work site, around 13:50 on February 22, 2014.

Ultimately, the Defendant, by such occupational negligence, destroyed a mixed lelene transport pipe (Lylene) laid underground and flown approximately 30 tons of a toxic substance by discharging approximately 180 tons of a toxic substance, through an excellent pipe installed near the area.