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(영문) 부산지방법원 동부지원 2018.10.24 2018고단1605
대기환경보전법위반등
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a general manager as a representative director of Company B.

If the "order to suspend the use of air and wastewater discharge facilities" is issued pursuant to Article 38 of the Air Quality Conservation Act and Article 44 of the Water Environment Conservation Act due to the violation of Article 23 (1) of the Air Quality Conservation Act and Article 33 (1) of the Water Environment Conservation Act, it shall be implemented by the time the commencement of operation is reported.

Nevertheless, the Defendant, on April 26, 2018, issued an order to suspend the use of air and wastewater discharging facilities by the captain’s Gun office, operated facilities for painting facilities (18.56 square meters x 2, 6.4 square meters x 2), building facilities (12.4 square meters x 1 meter, 26.4 square meters x 1 meter, 12.24 square meters x 12.24 square meters), and waste discharging facilities (7.6 square meters).

Accordingly, the defendant did not comply with the suspension order of use under the Air Conservation Act and the Water Environment Conservation Act.

2. Defendant B Co., Ltd. violated the Air Quality Conservation Act and the Water Environment Conservation Act as stated in paragraph (1) with respect to the Defendant’s business at the time, place, and the Defendant’s representative director, as stated in paragraph (1) above.

Summary of Evidence

1. Defendant A’s legal statement

1. Report on the criminal place;

1. Business registration certificate and certified copy of corporate registry;

1. Administrative dispositions (order to suspend the use) under the atmospheric environment conservation Act and the Water Environment Conservation Act;

1. Application of Acts and subordinate statutes governing field surveys;

1. Defendant A of the relevant Act on the facts constituting an offense: Article 89 subparag. 5-2, the former part of Article 38 (the fact that an order to suspend the use of unreported facilities is not issued), Article 76 subparag. 8, and the former part of Article 44 (the fact that an order to suspend the use of unreported wastewater facilities is not issued) of the Act on the Conservation of Air Environment: Article 95 and Article 89 subparag. 5-2, the former part of Article 38 (the fact that an order to suspend the use of unreported wastewater facilities is not issued), Articles 81, 76 subparag. 8, and the former part of Article 44 (the fact that an order to suspend the use of unreported wastewater facilities is not issued) of the Act on the Conservation of Air Environment;

1. Selection of punishment (the Defendants).

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