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(영문) 울산지방법원 2015.11.26 2015고단2138

수질및수생태계보전에관한법률위반등

Text

Defendant

A Imprisonment for two years, Defendant B corporation is punished by a fine of 20,000,000 won, and Defendant C is punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendant A is the representative director of B Co., Ltd., which is the golder of automobile parts located in Yangsan-siJ from November 2007, who has overall control over all the affairs of production, labor, safety, environment, etc. of B Co., Ltd. from November 2007 to the date, Defendant C is the representative of L Co., Ltd, which is the environmental consulting company located in Yangsan-si, Yangsan-si, and is a person who is acting for B Co., Ltd from July 2010 to the date.

When the Defendants’ discharging wastewater in excess of the permissible emission level is anticipated to be subject to administrative disposition, etc. from the competent authority, while discharging wastewater in a way that does not normally operate pollution prevention facilities at the cost reduction level, such as sand filtering (2.6 cubic meters) and active carbon tank (2.6 cubic meters), which is a purification facility, by which wastewater generated in the course of the gold metal of Pyeongtaek B Co., Ltd., in preparation for the non-control of the enforcement officer’s non-control, when the Defendants kept the wastewater in advance (10% of the number of the secondary settling batteries, etc., mixing the groundwater or tap water with 90%) on a temporary storage tank in preparation for the non-control of the enforcement officer, and the enforcement officer regulates the wastewater by discharging the said false wastewater into the outlet so that the enforcement officer can collect the said wastewater with the discharge outlet, and by manipulating the wastewater as if the actual wastewater satisfies the permissible emission level.

1. Defendant A and Defendant C

(a) No business operator in violation of the Water Quality and Ecosystem Conservation Act or any person who operates prevention facilities shall discharge water pollutants in excess of the permissible discharge limits by failing to normally operate emission facilities and prevention facilities without justifiable grounds;

The Defendants, together from January 2012 to August 24, 2015, together with the waste water flowing into B Co., Ltd. factories and wastewater treatment plants from August 24, 2015, are sand 2.