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(영문) 춘천지방법원 2019.07.16 2019고정65
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

A shall be 100,000 if the relevant fine is not paid.

Reasons

Punishment of the crime

1. A person who intends to conduct a business prescribed by Presidential Decree which generates dust emitted from defendant A (hereinafter referred to as "fugitive dust") shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities

However, even though the Defendant reported the business generating scattering dust to the Chuncheon City Mayor on December 5, 2018, the Defendant did not install facilities to control scattering dust and did not take necessary measures until January 16, 2019.

2. As set forth in Paragraph B(1), the Defendant limited partnership company did not install facilities to control fugitive dust generation business of the Defendant, who is an employee of the Defendant, and did not take necessary measures.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. Application of evidence photographs and factual confirmations-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 92 Subparag. 5 and Article 43(1) of the Clean Air Conservation Act;

(b) Defendant limited partnership company B: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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