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(영문) 광주지방법원 2012.12.27 2012고정2719
대기환경보전법위반
Text

Punishment against the Defendants shall be prescribed by each fine of KRW 3,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a representative director of B, who exercises overall control over the business of the same workplace, and Defendant B is a corporation established for the purpose of the steel product construction business.

1. A person who intends to install a pollutant emitting facility of Defendant A shall obtain permission from or file a report to the competent administrative agency, as prescribed by Presidential Decree;

The Defendant, from October 201 to March 20, 2012, installed a string 2,600 cubic meters seal facility, which is an emission facility of air pollutants, at the place of business located in Da, Jeonsung-gun, Jeonnam-gun, and operated his business using the same emission facility without reporting it to the competent administrative agency.

2. Defendant B, at the date, time, and place of the above paragraph (1) above, Defendant B, the representative director of the Defendant, committed the act of violation as stated in the above paragraph (1) above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of public official in E;

1. Statement made to A by the police;

1. On-site photographs;

1. Application of a copy of business registration certificate;

1. Article applicable to criminal facts;

(a) Defendant A: Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act;

(b) Defendant B corporation: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act:

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