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(영문) 청주지방법원 2019.03.28 2019고정7

물환경보전법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a representative director of Company B located in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, who is a person in charge of overall management of the above company’s affairs.

The Minister of Environment may order the suspension of operation for all or part of the relevant discharging facilities, if the degree of water pollutants discharged by the relevant discharging facilities exceeds the permissible discharge standards and the level of water pollutants discharged by the relevant discharging facilities fails to comply with an improvement order within the prescribed period.

Although the Defendant complied with the improvement order within the period of time, but was ordered to suspend the operation from September 8, 2018 to September 17, 2018, the Defendant, on September 12, 2018, operated gas weapons (ULTRA MIX 1,000L) that are manufacturing facilities of cosmetics to manufacture “D” products.

Accordingly, the defendant violated the order of suspension of operation and carried out operation during the suspension period.

2. Defendant B is a corporation established for the purpose of manufacturing cosmetics and non-pharmaceutical drugs.

The defendant, a representative director of the defendant, committed a violation as described in paragraph (1) in relation to the defendant's business at the above date and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. Regular inspection of the business place discharging environmental pollutants and reporting on results thereof;

1. The photographic site;

1. A certificate;

1. Manufacturing process records;

1. Application of statutes in Part IV of the official document of administrative disposition;

1. Article applicable to criminal facts;

A. Defendant A: Article 76 Subparag. 6 and Article 40 of the Water Environment Conservation Act; Selection of a fine

B. Defendant B: Articles 81, 76 subparag. 6, and 40 of the Water Environment Conservation Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.