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(영문) 의정부지방법원 2014.01.09 2013고정2300
수질및수생태계보전에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an individual entrepreneur who is operating a joint-presidential flame retardation treatment business with the trade name of “D” in Macheon City C.

A person who intends to install discharge facilities shall obtain permission from the Minister of Environment or report to the Minister of Environment under the conditions as prescribed by Presidential Decree, and shall report to the Minister of Environment where the whole quantity of wastewater discharged from facilities which discharge wastewater exceeding 0.1 cubic meters per day and which do not include specific substances harmful to water quality

Nevertheless, the Defendant, without filing a report on installation from December 27, 2012 to March 18, 2013, operated wastewater (200 liter a day) generated from flame retardant typing using a hydro-friendly environment paint in the aforementioned “D”, and washing it into rollers, without transferring it to an entrusted storage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on site photographs;

1. Article 76 of the relevant Act on the Punishment of Criminal Crimes and Articles 76 subparagraph 1-2 and 33 (1) of the Act on the Selection of Water Quality and Ecosystem Conservation;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserted that the maximum volume of waste per day discharged by the defendant does not reach 0.1 cubic meters, so the defendant's case does not constitute subject to reporting on installation of discharge facilities as prescribed by the Water Quality and Aquatic Ecosystem Conservation Act.

2. According to Article 2 subparag. 10 of the Act on the Conservation of Water Quality and Aquatic Ecosystem, Article 6 and attached Table 4 of the Enforcement Rule of the same Act, the term “wastewater discharge facilities” means facilities, machinery, apparatus and other objects discharging water pollutants, which are determined by Ordinance of the Ministry of Environment. The maximum volume of wastewater per day is 0.1 cubic meters for facilities discharging wastewater that do not include heavy metal harmful to water quality.

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