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(영문) 의정부지방법원 2015.08.20 2015고정1270
수질및수생태계보전에관한법률위반등
Text

1. The Defendants shall be punished by a fine of four million won.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to install wastewater discharge facilities in violation of the Water Quality and Ecosystem Conservation Act shall obtain permission from the Minister of Environment or file a report thereon with the

Nevertheless, on January 30, 2012, the Defendant, without obtaining permission or filing a report, installed one of the leather processing facilities (the maximum volume of waste water 0.04 cubic meters per day) which generate wastewater containing ion, etc., which is a specific substance harmful to water quality at the place of business of the Defendant, located in Yangju-si, and used it from around 0.04 to September 30, 2014.

(b) Any person who intends to install emission facilities under the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, on January 30, 2012, the Defendant installed one string facility (use 2.35 cubic meters) which is a air discharge facility at the place of the said joint stock company (use 2.35 cubic meters) and operated the facility using it from around that time to September 30, 2014.

2. Defendant B Co., Ltd. committed each of the above offenses in relation to the Defendant’s business at the same date, time, and place as in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the suspect;

1. A report on detection;

1. Results of analysis of samples;

1. Application of Acts and subordinate statutes to a certificate of completion of report;

1. Defendant A: Article 75 subparagraph 1 of the Water Quality and A of the Act on the Conservation of Water Quality and A: Article 33 (1) of the same Act (the installation of an unauthorized wastewater discharge facility, the occupation of operating an unauthorized facility, the selection of fines, etc.); Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act (the installation of an unauthorized discharge facility, the occupation of operating an unauthorized facility, the occupation of operating an unauthorized facility, the selection of fines) Defendant B stock company: Article 81 and Article 75 subparagraph 1 of the Water Quality and A of the same Act; Article 95 and subparagraph 1 of the Clean Air Conservation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis.

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