beta
(영문) 대구지방법원 상주지원 2020.05.13 2019고정898

대기환경보전법위반등

Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of general recycling business in literature-si, which obtained a comprehensive recycling business license on July 15, 2013, and Defendant A is a person who works as an internal director of the said corporation.

1. A person who intends to install a waste-generating facility of Defendant A shall file a report on installation with the competent authority, as prescribed by Presidential Decree, and shall not operate the facility using the failed emission facility, and a person who has obtained permission for a waste treatment business shall obtain permission for alteration from the competent authority when he/she intends to alter important matters, such as the installation or extension

Nevertheless, on January 17, 2019, the Defendant, without obtaining a report on the installation of air pollutants emission facilities and a permit for the change of waste disposal business, installed six vehicles for melting facilities (power 132kW 2, 75kW 4 vehicles) and one crushing facility (power 90kW), which are air pollutants emission facilities, respectively, and operated until February 19, 2019 using the above emission facilities.

2. The Defendant Company B, at the time and place specified in Paragraph 1, committed the same violation as described in Paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Witnesses D and E's respective legal statements;

1. Application of the Acts and subordinate statutes to the criminal report, investigation report (period of installation and operation of emission facilities), investigation report (whether corrective measures are taken);

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, Article 65 subparagraph 14 of the Wastes Control Act, Article 25 (11) of the Wastes Control Act, Article 65 and Article 25 (11) of the same Act, Article 95, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, Article 67 and Article 65 of the Wastes Control Act.