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(영문) 부산지방법원 2016.01.14 2015고정4648

대기환경보전법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a representative director who exercises overall control over the production of components of ship and the affairs related to professional roads in corporation B located in Gangseo-gu Busan Metropolitan City.

Where a business operator intends to change matters permitted or reported to install a atmospheric emission facility, he/she shall file a report on such change, as prescribed by Ordinance of the Ministry of Environment, and where it is likely to exceed the permissible emission standards by changing the process of discharging facilities or using raw materials, fuels, etc.

Nevertheless, from the date before July 7, 2015, Defendant A operated emission facilities and its compounds, which are air pollutants from 310.2 cubic meters of the air pollutants from 310.2 cubic meters of the air pollutants, as the raw materials of the air pollutants, without any report on the change other than THC (total carbon carbon), and thereby are likely to exceed the permissible emission levels, following the change in the emission facilities and its compounds, Defendant A operated (A) 310.2 meters of air pollutants from 310 cubic meters of the air pollutants, and emitted air pollutants from an Amerc compound without installing preventive facilities of air pollutants.

Defendant

B, as above, the representative director A violated the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. E statements;

1. A certificate of report on the installation of emission facilities, and a register of operation of emission facilities and preventive facilities;

1. Collection photographs of evidence on the spot;

1. Application of Acts and subordinate statutes to report internal investigation (measurement of pollution by the head of a project and evidence by the site of abnormal work);

1. Defendant A: Articles 89 subparag. 3 and 31(1)1 of the former Air Quality Conservation Act (Amended by Act No. 13034, Jan. 20, 2015); Defendant B; Defendant B: Articles 95, 89 subparag. 3, and 31(1)1 of the said former Air Quality Conservation Act

1. Defendant A to be detained in a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.