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(영문) 광주지방법원 목포지원 2016.10.13 2016고단794
공유수면관리및매립에관한법률위반
Text

Defendant

A and the defendant limited liability company C shall be punished by a fine of four million won, and the defendant B shall be punished by a fine of one million won.

Reasons

Punishment of the crime

1. The co-principal defendant A and the defendant B shall substantially operate the defendant limited company C, which is the repair company of the ship in the Jeonnam-gun E, and the defendant B shall have the children of the above company and shall be under the direction of the defendant as the representative director of the above company. A

Any person who intends to newly construct, rebuild, extend, alter, or remove an artificial structure on any public waters occupied or used without permission shall obtain permission for occupancy or use of public waters from the management agency of public waters, as prescribed by Presidential Decree.

Nevertheless, around June 11, 2015, the Defendants conspired to build a non-forest structure in the form of warehouse with approximately KRW 390 square meters without obtaining permission to occupy and use public waters in the vicinity of the said C business establishment.

(b) No one shall abandon or discharge wastes, waste oil, wastewater, sewage, excreta, livestock excreta, contaminated soil, toxic substances, carcasses of animals, or other pollutants prescribed by Ordinance of the Ministry of Oceans and Fisheries without justifiable grounds;

Nevertheless, on June 2015, the Defendants conspiredd to abandon or flow 50 Puarts, a waste, and 50 Puarts in public waters in the vicinity of the said C business site.

(c) A person who occupies or uses public waters without obtaining an occupancy or use permit or consultation or approval for occupancy or use of public waters (hereinafter referred to as “the duty to restore”) shall remove artificial structures, installations, earth and rocks or other things established on the public waters in question, and recover the public waters in question, and the management agency of public waters may issue an order to reinstate public waters for a fixed period of time where the person liable to restore fails to take necessary measures for reinstatement, and the duty to restore is obliged to fulfill the above order to restore.

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