수질및수생태계보전에관한법률위반
Defendants are acquitted.
1. The summary of the facts charged: (a) Defendant A, as the representative director of Company B from June 24, 2008 to June 19, 2013, engaged in the manufacturing of semiconductor stuffing materials at the place of business located in Daejeon Seo-gu, Daejeon; and (b) on June 24, 2008, reported the installation of wastewater discharge facilities to the Daejeon Metropolitan City Mayor, the competent agency, but failed to report the installation of non-point pollution sources to the Geum River basin Environmental Office; and (c) Defendant B, as above, committed a violation of the above duties.
2. According to Articles 81 and 78 subparag. 10 of the Act on the Conservation of Water Quality and Aquatic Ecosystem (hereinafter “Act”), each of the above crimes is punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won, and the statute of limitations is five years pursuant to Article 249 subparag. 5 of the Criminal Procedure Act.
The prosecutor asserts that the crime of violation of Article 78 subparagraph 10 of the Act and Article 53 (1) subparagraph 2 of the Act is continuous crimes. However, Article 78 subparagraph 10 of the Act only provides that "a person who fails to report" shall be punished, and Article 78 subparagraph 2 of the Act does not provide that "a person who installs and operates wastewater discharge facilities without reporting" shall be punished, and Article 73 subparagraph 2 of the Enforcement Rule of the Act provides that "a person who installs and operates wastewater discharge facilities under Article 53 (1) 2 of the Act shall report to the Minister of Environment within 15 days from the date on which the permission for the installation or alteration of the wastewater discharge facilities is obtained or a report on alteration is filed." In full view of the fact that the reporting period is set, it is reasonable to deem that the crime of violation of Article 78 subparagraph 10 of the Act and Article 53 (1) 2
(1) According to the records, the Defendants’ report on the installation of wastewater discharge facilities to the Daejeon Metropolitan City Mayor on June 24, 2008 can be acknowledged. As such, Articles 78 subparag. 10 and 53(1) of the Act provide that the Defendants filed a report on the installation of wastewater discharge facilities.