Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

B is an employee of the “C(S)”, and the Defendant is the actual representative of the “C(S)”, and the “C(S)” starts on March 24, 2020 to the “Additional Works related to the Recovery of Mountainous Districts” of the Busan Urban Corporation, which was ordered by the Busan Urban Corporation, and completed the completion on April 7, 2020.

A person who intends to conduct a business prescribed by Presidential Decree which generates dust emitted (hereinafter referred to as "dust dust") shall report to the head of the Gun, etc. and install facilities to control dust dust or take necessary measures.

Nevertheless, from March 24, 2020 to April 7, 2020, B failed to install “facilities to control fugitive dust” on the said construction site (a total area of 13,305 square meters) and “EGI dustproof walls (a height of 3 meters and 180 meters in length).

As a result, B, an employee of “C”, did not install “facilities to control fugitive dust” as above with respect to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. It is reasonable to view that: (a) a written accusation of a report certificate, such as a written statement written by F of the suspect interrogation protocol of the police as to B; (b) a fire-proof wall installation site photo; (c) a business registration certificate; and a report on dust scattering report (Article 95 of the Clean Air Conservation Act shall be extended to a person who actually executes the relevant business in order to ensure the effectiveness of the penal provisions when a person who is not the business owner but actually executes the relevant business; and (d) such person commits a violation of the penal provisions in relation to the performance of the relevant business; (b) a penal provision as to the owner of the business who actually performs the relevant violation, as well as a penal provision as to the owner of the business who actually performs the relevant violation (see, e.g., Supreme Court Decisions 2017Do1564, Dec. 5, 2017; 2003Do3984