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(영문) 대전지방법원 서산지원 2018.08.30 2018고정12
대기환경보전법위반
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is the vice head of the D Headquarters B located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the defendant B is a corporation established for the purpose of producing electricity.

A. Although Defendant A’s business entity was not allowed to commit an act of discharging pollutants emitted from emission facilities mixed with air in order to lower the pollution level, the Defendant, on October 24, 2017, opened a line screening facility 143.6Ma2, which is air pollutants emission facilities, at the place of business at D headquarters located in Chungcheongnam-si, Jingu, Jinnam-si, Category B, Inc., Ltd., and 707 E-Ma2, which is air pollutants emission facilities, and discharged pollutants by mixing them with the external air, by operating the bridges, which are air preventive facilities connected to the said facilities, 1,300 cubic meters.

B. Defendant B, at the same time and place as above, violated the above provisions regarding the Defendant’s business.

2. Article 31 (1) of the Determination Act shall not engage in any of the following conduct when a business operator (including the representative of jointly-used preventive facilities under Article 29 (2)) operates emission facilities and preventive facilities:

1. Operating emission facilities without operating preventive facilities or emitting pollutants discharged from emission facilities, mixing with the air to lower the degree of pollution: Provided, That this shall not apply to cases acknowledged by a Mayor/Do Governor as necessary for the prevention of fire, explosion, or any other accidents. Article 89 Subparag. 3 of the same Act provides that “The foregoing shall not apply to cases where a Mayor/Do Governor deems it necessary for the prevention of accidents, such as fire and explosion,” and a person who committed a crime under Article 89 Subparag. 3 of the same Act shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won. As such, in order to be found guilty of failing to operate preventive facilities or emitting pollutants

Accordingly, the evidence submitted by the prosecutor is examined.

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