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(영문) 울산지방법원 2013.07.18 2013고정491

대기환경보전법위반

Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Any person who intends to install facilities emitting air pollutants (hereinafter referred to as "discharge facilities") shall obtain permission from the competent administrative agency or file a report thereon with the competent administrative agency.

Meanwhile, when a business operator who has reported the installation of emission facilities operates emission facilities, he/she shall not operate preventive facilities or shall not commit an act of emitting pollutants emitted from emission facilities, mixing with air, to lower the level of pollution.

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a person who produces recyclable materials using polypropye and polyethylene as a raw material at the place of business located in Ulsan-gun, Ulsan-gun, and Defendant A is a representative director of the Defendant Co., Ltd.

1. Defendant A

A. On June 11, 2012, the Defendant: (a) operated a plastic facility (150HP x 2, 75HP x 1, 50 HP x 1, and 50 HP x 1), which is an emission facility, at the place of business of the Defendant company, or at the place of business of the Defendant company (the report on installation of emission facilities as of June 30, 2009; the report on alteration as of October 15, 2009; and each of the reports on installation of emission facilities as of August 20, 2010); (b) operated a plastic facility (150H x 2, 75HP x 1,50 x 1) to treat air pollutants discharged through the said preventive facility; (c) however, (d) installed a dam installed in the above preventive facility through a mixture of air pollutants into the air pipes through which air pollutants can be discharged into the said preventive facility.

B. The above Defendant was above.

As the act described in paragraph (1) was conducted by the head of Ulsan-si on June 26, 2012, the head of Ulsan-si was subject to a disposition suspending operation (10 days). Before June 26, 2012, Ulsan-si on the ground that “mar facilities used as Pool and polyethylene shall not constitute emission facilities requiring a report on the installation of emission facilities.”