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(영문) 서울중앙지방법원 2016.06.23 2016노1231
대기환경보전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In order to constitute air pollution emission facilities which are subject to permission or reporting in accordance with the laws and regulations governing atmospheric environment conservation in accordance with the summary of the grounds for appeal, it should be applicable to cases where the volume of painting facilities is at least five cubic meters. The place where the Defendant’s painting work is conducted is multi-purpose facilities, and it cannot be deemed as falling under painting facilities, and the volume of the Defendant’s painting, machinery, or painting materials falls short of five cubic meters, and thus does not fall

2. Determination

(a) The purpose of this Act is to enable all citizens to live in a healthy and comfortable environment by preventing air pollution which causes harm to people and the environment, and by managing and preserving the atmospheric environment in a proper and sustainable manner, due to air pollution;

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won:

1. A person who installs or alters emission facilities or runs any business using such facilities without filing a report under Article 23 (1) or after filing a false report, shall file a report with the Mayor/Do Governor, as prescribed by Presidential Decree, on a person who intends to install emission facilities;

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

11. The term "air pollutants" means a facility, machine, apparatus, and other objects discharging air pollutants into the atmosphere, which are determined by Ordinance of the Ministry of Environment;

The emission facilities of air pollutants (hereinafter referred to as "discharge facilities") under subparagraph 11 of Article 2 of the Enforcement Rule of the Air Quality Conservation Act shall be as specified in attached Table 3.

3) A seal-generating facility 25) Attached Table 3: A painting facility, the volume of which is at least five cubic meters, or the power of which is at least 2.25 km, (a projected facility, a powder, a bed facility, and a bed facility.

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