대기환경보전법위반
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.
Defendant
A above.
Punishment of the crime
1. Defendant A is a person in charge of the environmental management of Company B in Gangseo-gu Seoul Metropolitan Government.
A person who intends to operate a business generating fugitive dust shall install facilities to control fugitive dust or take necessary measures.
Nevertheless, from April 10, 2015 to February 2, 2017, the Defendant, while engaging in an interim disposal of construction wastes at the place of business, did not install facilities to control fugitive dust or take necessary measures, such as not installing a proof cover or a sprinkler facility, without installing automatic sponsor facilities on the access of vehicles, while carrying and unloading construction wastes, aggregate, or other powder-form substances, such as construction wastes, aggregate, etc.
2. Defendant B is a corporation with the purpose of dismantling structures, interim disposal of construction wastes, manufacturing and selling recycleds, and its ancillary business.
The defendant, who takes overall charge of the environmental management of the defendant, committed an act in violation of the provisions of the preceding paragraph in relation to the defendant's business at the above date and place.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes to investigation reports (report on detection of any person who violates the atmospheric environment conservation Act);
1. Defendant A of the relevant Act on the atmospheric environment: Article 92 subparagraph 5 of the Conservation of the atmospheric environment Act and the former part of Article 43 (1) (B): Article 95, Article 92 subparagraph 5, and the former part of Article 43 (1) of the atmospheric environment Conservation Act;
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act