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(영문) 광주지방법원 순천지원 2020.06.24 2019고정321

대기환경보전법위반

Text

Defendant

A. The Defendant B shall be punished by a fine of KRW 1,000,000.

Defendant

As to B Co., Ltd.

Reasons

Criminal facts

A person who intends to conduct a business prescribed by Presidential Decree that generates dust from scattering shall report to the Mayor and install facilities to control scattering dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment.

However, Defendant B received a supply of and demand for C (480 meters in total extension of road construction, 10-6 meters in width) from the leisure city around November 27, 2018 and did not report the scattering dust generation business until March 28, 2019.

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Investigation reports (business registration certificate, etc.);

1. Application of evidence photographs, construction contract Acts and subordinate statutes;

1. Article 92, 4-2, or 43 (1) of the Clean Air Conservation Act concerning the facts constituting an offense;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is that Defendant A did not report the scattering dust generation business as a person in charge of the work at the C Opening Construction Site that Defendant B contracted from the female time.

2. A person who intends to conduct a business prescribed by Presidential Decree which generates dust discharged from judgment shall file a report with the competent Mayor, etc., as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures, and a person who fails to file such report shall be punished by a fine not exceeding three million won;

(Article 43(1) and Article 92-4(2) of the Clean Air Conservation Act. Here, “project prescribed by Presidential Decree” includes “construction business (limited to ground formation works, building construction, civil engineering works, and landscape architecture works)” (Article 44 subparag. 5 of the Enforcement Decree of the Clean Air Conservation Act). Where a person who intends to operate a dust scattering-generating business under Article 44(5) of the Decree executes construction business under a contract, he/she has contracted for the first construction work from the person ordering.