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(영문) 청주지방법원 충주지원 2015.05.01 2014고단441
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the B representative director, who is a processing company in the liquid column E in Chungcheong City.

Any person who intends to install emission facilities generating specific water-quality harmful substances shall obtain permission from the competent authority for the installation of emission facilities.

On November 30, 2010, the Defendant installed wastewater discharge facilities (hereinafter referred to as “instant facilities”) without permission even though wastewater containing specific substances harmful to water quality, such as biphenyl and ionide, can occur when washing the above factory, liquid processed machinery, etc., and generated wastewater containing specific substances harmful to water quality, such as biphenyl and ionide, from May 2013 to August 8, 2014 while operating the above factory.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. A statement prepared by the F;

1. Civil petition consultation, reply, confirmation of collection of samples, and notification of the result of inspection of pollution level of wastewater;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 75 subparagraph 1 of Article 75 and Article 33 (1) (Selection of Fine) of the Water Quality and A: Article 81, Article 75 subparagraph 1 of the Water Quality and A, and Article 33 (1) of the Water Quality and A: Article 81, Article 75 subparagraph 1 of the Water Quality and Ecosystem Conservation Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants asserted that there was a justifiable reason for not obtaining permission, because they had known the fact that wastewater containing specific substances harmful to water quality occurs at the time of the installation of the instant facilities.

However, according to the above evidence and the statement of the civil petition filed by the defendants and the result of the civil petition treatment (Evidence No. 3-1, 2).

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