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(영문) 의정부지방법원 2013.12.20 2013고단3041

수도권대기환경개선에관한특별법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 20,000,000, and by a fine of KRW 10,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B corporation located in both weeks.

1. Defendant A

A. (1) A person who intends to install a place of business discharging pollutants subject to total volume control in an atmosphere control zone in excess of the permissible emission quantity prescribed by Presidential Decree or to change such place of business corresponding thereto shall obtain permission from the Minister of Environment for installation of a place of business, and the same shall also apply to cases where he/she alters permitted matters. The Defendant, on December 31, 2009, stated “195 gs per hour, 14 hours per operation day, 14 hours per year, 300 days per year, 34.00 tons per year, and 34.08 tons of annual pollutant amount” as to incineration facilities located in the above B, and did not obtain permission for alteration despite having obtained permission from January 2013 to May 7, 2013, 200 hours per operation, 345 gs per hour, and 500 gs per hour, and did not install an incineration facility from around 20 g of 20 gs per hour to 30 g of incineration facilities.

B. Although a person who intends to install a facility that produces specified hazardous air pollutants in violation of the Clean Air Conservation Act obtains permission from the competent administrative agency, the Defendant did not obtain permission from the head of the competent administrative agency, from September 28, 2005 to May 7, 2013, when installing and operating a facility that discharges specified hazardous air pollutants in the foregoing B.

(c) A person who has obtained a license for one waste disposal business in violation of the Wastes Control Act shall obtain a license for modification when he/she increases or decreases by at least 30/100 of the permitted recycling capacity;

The defendant on September 2, 2005.