수질및수생태계보전에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) falls under not “wastewater discharge facilities” as referred to in the main text of Article 33(1) of the Water Quality Conservation Act, but rather “waste discharge facilities” as referred to in the proviso of Article 33(1) of the same Act, and the area where the Defendant’s workplace is located is not the area where the installation of discharge facilities prescribed in the Water Quality Conservation Act is restricted, and thus, the instant facilities are not subject to reporting under the Water Quality Conservation Act.
2. Determination
(a) The definitions of terms used in this Act under Article 2 (Definition) of the Water Quality Conservation Act are as follows:
10. The term "wastewater discharge facilities" means facilities, machinery, apparatus and other objects prescribed by Ordinance of the Ministry of Environment as facilities, machinery, apparatus and other objects discharging water pollutants;
(1) A person who intends to install emission facilities shall obtain permission from the Minister of Environment or file a report with the Minister of Environment, as prescribed by Presidential Decree.
Provided, That a person who intends to install waste-free discharge facilities pursuant to paragraph (7) shall obtain permission from the Minister of Environment.
(5) The director of the Ministry of Environment is likely to make it impracticable to maintain environmental standards due to the upper region of a water-source protection area, special measures area and upper region thereof, areas where water intake facilities are located, and water pollutants discharged from discharge facilities in upper region thereof, or to cause serious harm to the health and property
Where deemed, the competent Mayor/Do Governor may hear the opinions of the competent Mayor/Do Governor and restrict the installation of facilities discharging wastewater after consultation with the heads of related central administrative agencies
(6) The scope of an area where the installation of emission facilities may be restricted pursuant to paragraph (5) shall be determined by Presidential Decree, and the Minister of Environment shall publicly announce facilities subject to restrictions by area.
(7) Paragraphs (5) and (6) shall also apply.