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(영문) 부산지방법원 2017.07.12 2017고정946
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a managing director in charge of environmental management affairs in corporation B located in Young-gu Busan Metropolitan City, and the defendant corporation B is a corporation established for the purpose of repairing ships of the manufacturing industry at the location of the above place of business.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from scattering shall file a report thereon with the Special Self-Governing Province Governor of Metropolitan Autonomous City and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, to install facilities to control flying dust or take necessary measures;

Nevertheless, on December 15, 2016, the Defendant did not operate a mobile stack to control dust emitted from scattering but used the electric Dozer in the outdoor Dozer of the Co., Ltd. in the outdoor Dozer of the Co., Ltd. on December 15, 2016.

Accordingly, the defendant generated flying dust during the process of repairing D.

2. Defendant B Co., Ltd. committed an act in violation of paragraph (1) against Defendant B, an employee in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation;

1. Application of Acts and subordinate statutes governing a certificate of detection of the site, a certificate of completion of a project generating scattering dust, and all matters registered with the corporation;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 92 subparag. 5 of the Air Quality Conservation Act, Article 43 subparag. 1 of the same Act, and selection of fines

(b) Defendant B: Articles 95, 92 subparag. 5, and 43 subparag. 1 of the Air Quality Conservation Act

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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