Nevertheless, the defendant from January 2015 to the same year.

8. Until February 2, 200, the Plaintiff did not report the installation of wastewater discharge facilities while operating echemical testing facilities (100 liters of daily wastewater generation quantity) with an area of 139 square meters, which is an area of wastewater discharge facilities, in the above-house factory.

2. Determination:

A. The defendant and his defense counsel asserted as follows.

In other words, it is argued to the purport that it is not reasonable that the general manager of the D Pyeongtaek Factory is the head of the manufacturing headquarters, who is an executive officer, and the defendant was holding the position of the head of the factory, but it is not reasonable to be responsible for not reporting the installation of wastewater discharge facilities since there was no substantial authority.

B. Article 33(1) of the Act on the Conservation of Water Quality and Aquatic Products for Determination (hereinafter “Act”) provides that a person who intends to install a discharge facility must obtain permission from the Minister of Environment or report to the Minister of Environment, as prescribed by Presidential Decree.

"........"

In accordance with the provisions of the law, criminal liability should be recognized in accordance with the strict interpretation and requirements, and it should be the same in interpreting and applying the "person who intends to install emission facilities" in the above provisions.

In other words, a person who can be seen as a person who intends to install emission facilities should have the authority and responsibility in relation to the installation of emission facilities in the workplace regardless of the name of the factory site, work site, etc.

In addition, the burden of proof for the facts charged in the criminal trial is the prosecutor, and the recognition of guilt is room for a judge to make a reasonable doubt.