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(영문) 춘천지방법원 2018.09.21 2018노462

대기환경보전법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the facts and legal principles are not air pollutants emission facilities installed by the Defendant in the place of business, but can not be deemed as subject to a report even if the quantity of pollutants emitted into the atmosphere under the Air Quality Conservation Act is extremely low.

B. “Affixing facilities”, which are subject to reporting as air pollutants, shall be deemed not to be the Defendant’s workplace (the volume of 69 cubic meters) but to be the name of each workplace, and the volume of each term itself shall be less than 5 cubic meters and shall not be subject to reporting.

B. The sentence sentenced by the lower court is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court on the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant can sufficiently be found to have installed a painting facility in a volume of five cubic meters or more for air pollutants subject to reporting at his/her workplace, without reporting to the competent Mayor/

The term "air pollutants emission facilities" means facilities, machinery, apparatus, and other objects discharging air pollutants into the atmosphere as prescribed by Ordinance of the Ministry of Environment (Article 2 subparag. 11 of the Air Quality Conservation Act); Article 5 [Attachment 3] subparag. 2(b)(2)(b) and (25) of the Enforcement Rule of the Air Quality Conservation Act (hereinafter attached Table 3] of the Enforcement Rule of the same Act refers to air pollutants emission facilities, and seal facilities, the volume of which is at least five cubic meters or power of which is at least 2.25 km, and “stamping facilities” refers to working facilities, the volume of which is for exclusive use, painting, etc. for painting work (see Supreme Court Decision 2017Do1055, Sept. 21, 2017, etc.). However, the Defendant has installed a place of work outside a size of 69 cubic meters from 2013 to equipped with painting equipment necessary for painting, etc., and has discharged the body in a way that inhales the body.