소음ㆍ진동관리법위반
Acquittal of the accused shall be acquitted.
1. The Defendant is the representative director of a stock company B with the purpose of printing and publishing the facts charged.
Any person who intends to install and operate noise emission facilities in a residential area (printed machinery with not less than 50 miles) shall obtain permission to install noise emission facilities from the competent administrative agency in accordance with related Acts and subordinate statutes.
Nevertheless, from July 31, 2008 to August 28, 2013, the Defendant installed and operated noise emission facilities by printing periodicals, such as monthly newspapers, publicity slopings, calendars, etc. and printing monthly average of approximately KRW 2.5 million, without obtaining permission from the competent authorities in Jung-gu Seoul Special Metropolitan City, which is located in a residential area.
2. Determination
A. According to Article 57 subparag. 1 of the Noise and Vibration Control Act and Article 8(1) of the same Act of the same Act, a person who installs noise and vibration emission facilities (hereinafter “discharge facilities”) or operates emission facilities using such facilities without permission from the competent authorities in a residential area is subject to imprisonment for not more than one year or a fine not exceeding 10 million won.
In addition, Article 2 subparag. 3 of the same Act and Article 2-2 [Attachment Table 1] subparag. 1(a)(16) of the Enforcement Rule of the same Act provide that “printed machines with not less than 50 miless (the active printing machines shall be not less than 20 miless)” shall be construed as discharging facilities. (b) The amendment of the above Enforcement Rule [Attachment Table 1] subparag. 1(a)(16) of the Enforcement Rule of the same Act was immediately amended to be implemented as “printed machines with not less than 50 miless (the active printing machines shall be not less than 20 miless, and the observer printing machines shall be not less than 100cms)” in accordance with Ordinance of Ministry of Environment No. 523 on November 4, 2013.
According to the reasons for the amendment provided by the Ministry of Environment, the scale of power has increased without a significant change in the amount of noise generated as a result of technological development in the case of observer printing machines with the degree of 70 percent of printing machines, but the power standards recognized as noise emission facilities are recognized.