대기환경보전법위반
The defendant shall be innocent.
1. A person who intends to conduct a project producing dust dust (in cases of construction business, a person who has first contracted construction works from an ordering person in cases of construction business) shall make a report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control dust generation or take other necessary measures;
Nevertheless, around September 4, 2012, C had not installed facilities such as dust-proof walls to control fugitive dust in the Dagri-si D, Guri-si, and performed three dismantling works for warehouse constructed in this area.
The Defendant committed such a violation in relation to his duties at the above date, time and place.
2. Article 92 Subparag. 5 of the former Clean Air Conservation Act (amended by Act No. 11256, Feb. 1, 2012) provides that a person who fails to install facilities to control fugitive dust or to take necessary measures, in violation of Article 43(1) of the same Act (excluding those who transport cement, coal, earth and sand, feed, grain, and powder powder of steel scrap) shall be punished by a fine not exceeding three million won, and Article 43(1) of the same Act provides that a person who intends to conduct a business prescribed by Presidential Decree which produces dust directly discharged into the air without a specific emission outlet (hereinafter referred to as "fugitive dust") shall report to the Mayor/Do Governor and take necessary measures to control fugitive dust. The same shall apply to any alteration thereof, and Article 44 of the Enforcement Decree of the Clean Air Conservation Act delegated by the Minister of Environment shall be construed as "any of the following business prescribed by Ordinance of the Ministry of Environment: