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(영문) 부산지방법원 동부지원 2017.04.27 2017고정66
대기환경보전법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A As an employee of Defendant Gold Industrial Co., Ltd., a comprehensive construction company, the Defendant Gold Industrial Co., Ltd., concluded a construction contract with the “D Apartment Housing Reconstruction and Improvement Project Association” and worked as the site warden at the site of the “D Apartment Housing Reconstruction and Improvement Project Corporation.”

(a) A person who intends to conduct a project (construction sites for construction of buildings, civil engineering sites, and construction sites for dismantling buildings) prescribed by the Enforcement Decree of the Air Quality Conservation Act, which generates dust emitted from fugitives in violation of the Air Quality Conservation Act, shall report to the head of the Gu and install facilities to control fugitive dust or take necessary measures;

Nevertheless, on August 31, 2016, the Defendant, among the “D apartment reconstruction and improvement projects” in the 19th parcel of “D apartment house reconstruction and improvement projects” in Suwon-gu, Busan, Busan, and 19, generated flying dust without installing a dust-proof prevention on the 4th side of the work.

B. The Defendant, as an employee, committed the same violation as the preceding paragraph in relation to the Defendant’s business as the Defendant’s business, in violation of the atmospheric environment preservation law by the gold industry company.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to a report on the field of removal, a written confirmation, an inspection check of places of business producing fugitive dust, a certificate of reporting on business generating fugitive dust, etc., D apartment reconstruction contract contract, subcontract contract, subcontract contract, business report on fugitive dust, and a certificate of reporting on business generating fugitive dust;

1. Relevant law concerning criminal facts - Articles 92 subparag. 5 and 43(1) of the atmospheric environment conservation Act - Articles 95, 92 subparag. 5, and 43(1) of the atmospheric environment conservation Act - Articles 95, 92 subparag. 5, and 43(1) of the atmospheric environment conservation Act;

1. Punishment to suspend the sentence - Fines of 500,000 won - Defendant Gold Industry Corporation: Fines of 500,000 won; and

1. Defendant A to be detained in a workhouse: Article 70 of the Criminal Act.

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