Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Criminal facts

Defendant

A is a new site site of D apartment construction built in B, and the defendant B is a corporation with the purpose of housing construction business.

1. Defendant A

(a) Where living noise and vibration exceeds the control standards, the head of a Si/Gun/Gu may order a person who generates noise and vibration to take necessary measures, such as the adjustment of working hours, the dispersion and suspension of noise and vibration generation activities, and the use of construction machinery which produce less noise than that prescribed by Ordinance of the Ministry of Environment in the installation of soundproof and vibration-proof facilities, and the person who has received an order, such as the adjustment of working hours, shall comply with such order;

On September 15, 2015, from around 12:00 to 12:45, the Defendant was ordered to take administrative dispositions, such as the adjustment of working hours, the dispersion of noise and vibration generation activities, the installation of soundproof and vibration-proof facilities, the use of low-proof construction machinery, etc., in excess of the living noise control standards at the construction site of D apartment units located in E and E and 21 lots from the construction site of D apartment units in large cities.

On October 5, 2015, the Defendant violated the administrative disposition order by generating noise from 73dB exceeding 65dB of the living noise control standards (residential area) while carrying out construction without using noise and vibration generation, installation of soundproof and dust-proof facilities, and low noise construction machinery at the site of new apartment construction works.

(b) The head of the Si/Gun/Gu shall, upon receiving an order to take a measure under the preceding paragraph, not comply with or have complied with it;

Even if it exceeds the regulatory standards, the prohibition of use, suspension of construction, or order for closure, etc. shall be prohibited, and the person in receipt of such order shall not violate it.

As set forth in the preceding paragraph, the Defendant, at the construction site of a new construction project around October 5, 2015, is performing construction works without using noise and vibration facilities, installing soundproof and dust-proof facilities, and using low noise machinery, thereby causing more than 65dB exceeding 65dB of the living noise control standard.