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(영문) 춘천지방법원 강릉지원 2016.06.09 2016고정7
대기환경보전법위반
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

Defendant

A is a representative of a corporation B and a person who constructs ready-mixed factories in the same year, and Defendant B is a corporation established for the purpose of manufacturing ready-mixed.

1. A person who intends to conduct business prescribed by Presidential Decree which generates fugitive dust shall report to the head of a Special Self-Governing Province branch office, the head of a Si/Gun/Gu, and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, the Defendant did not file a report on fugitive dust generation projects with the competent authority when conducting construction works for ready-mixed factories, and on November 3, 2015, the Defendant did not install three-wheeled facilities, water-saving facilities, dust-proof nets, and cover-proof dogs installed in the construction site for the above ready-mixed factories, without installing such facilities.

2. Defendant B, at the date, time, and place under the above paragraph (1), Defendant B, the representative of the Defendant, committed the act of violating the above paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A E-document;

1. References to inquiries about violations of atmospheric environment conservation laws in the market for the same year;

1. A building permit and a development permit; and

1. Application of the photographic Acts and subordinate statutes;

1. Defendant A: Article 92 subparag. 4-2 of the Conservation Act, the former part of Article 43(1) (which is engaged in fugitive dust-generating business without reporting), Article 92 subparag. 5 of the Air Quality Conservation Act, and Article 43(1) (which is engaged in business without facilities for preventing fugitive dust) of the atmospheric environment conservation Act: Defendant B corporation: Article 95, Article 92 subparag. 4-2 of the Air Environment Conservation Act, the former part of Article 43(1) (which is engaged in business generating fugitive dust without reporting by the representative of a corporation), Articles 95, 92 subparag. 5, and 43(1) (the representative of a corporation without facilities for preventing fugitive dust) of the Air Environment Conservation Act.

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