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(영문) 수원지방법원 2021.01.14 2020고정1764
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, which is a metal-related business entity, in ethic City B.

1. Any person who intends to install an emission facility of air pollutants using an unauthorized emission facility shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, and shall not conduct any business using the emission facility installed without obtaining such permission;

Nevertheless, on April 2015, the Defendant, at the foregoing place of business “C,” installed without obtaining permission from the competent authorities, used DNA 10,519.9pm (based on 0.5pm), trichloroethylene 20,072.7pm (based on 0.3pm), and tetrarichloroethylene 1,380.9mg/ cubic metres (based on 0.4m/ cubic metres) in a slope facility (based on 0.5 cubic x1m) which discharges air pollutants, which are air pollutants emitted from a specific atmosphere harmful substance.

2. A business operator who has failed to report the commencement of the operation of the emission facilities of air pollutants shall, when he/she intends to operate the emission facilities or preventive facilities after completing the installation of the emission facilities or the modification thereof, file a report on the commencement of operation with

Nevertheless, around April 3, 2018, the Defendant closed one string of a slope facility (2.2 cubic meters), which is an air pollutant emission facility, at the foregoing place of business “C” (hereinafter “C”), and expanded the 1 meter of a slope facility (11 cubic meters), operated without filing a report on the commencement of operation with the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (on-site inspections), investigation reports (a certificate attached to a report on the installation of emission facilities - a certificate of reporting the installation of emission facilities);

1. 112 Reported case handling tables and field photographs;

1. Application of Acts and subordinate statutes to a written accusation (including attached D's statements, E's confirmations, and test results);

1. Article 89 subparagraph 1 of the relevant Act and Article 23 (1) of the Act on the Conservation of the Air Quality (the point of operating emission facilities which are not permitted), Article 91 subparagraph 1 of the same Article, Article 30 (1) (the point of operating emission facilities which are not reported on the commencement of operation) of the same Act concerning facts constituting an offense, and the selection of fines, respectively;

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