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(영문) 인천지방법원 부천지원 2012.11.29 2012고정1727
환경정책기본법위반
Text

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

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

Reasons

Punishment of the crime

Where a business operator of a project subject to prior examination of environmental feasibility intends to develop an area that includes or preserves an area that is excluded from the administrative plan and development project as a result of prior examination of environmental impact, he/she shall consult with the consulting agency, and shall not construct the relevant project before the procedures for prior

Nevertheless, on July 17, 2009, the Defendant, upon prior consultation with the Han River Basin Environment Office on the examination of the environmental impact on Kimpo-si B, should preserve the project site as a original green belt with respect to 793.4 square meters on a steep slope on the south side of the project site, obtained approval for the establishment of a factory from Kimpo-si after completing the prior consultation on the examination of environmental impact on the examination of environmental impact on the construction of a factory from Kimpo-si, and thereafter,

However, the Defendant developed an area on which the Defendant had consulted to preserve its original form, such as conducting a civil engineering work with respect to 736 square meters of a green belt conservation area in its original form, on the premise that steep slopes on the south side of the project site, which had been consulted in advance, may cause damage to the factory by using the soil, etc. if the slopes on the south side of the project site, may be influenced, without re-consultation with the Han River Basin Environmental Office.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to opinions on examination of environmental impact, and opinions on examination of environmental impact;

1. Relevant Articles 43 and 27(2) of the former Framework Act on Environmental Policy (amended by Act No. 1050, Jul. 21, 201);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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