Text
The judgment below
Of them, 2015 and 51 parts thereof shall be reversed.
Defendants shall be punished by a fine of KRW 1,000,000.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Although the area of each access road and the original site of the transmission line construction implemented by the Korea Electric Power Corporation does not fall under the criteria for a small environment impact assessment project under the Enforcement Decree of the Environmental Impact Assessment Act, the said criteria are satisfied if added to these areas.
In light of the legislative intent of the Environmental Impact Assessment Act, the court below acquitted the Defendants on the ground that the Defendants did not constitute a violation of the Environmental Impact Assessment Act on the ground that the Defendants did not constitute a violation of the said Act on the ground that the Defendants did not have any provision to make a total determination on whether each project area is a small scale project subject to environmental impact assessment by adding up the respective project areas.
B. The Defendant Korea Electric Power Corporation did not conduct a small-scale environmental impact assessment on the steel tower site and not on the steel tower site while constructing five additional transmission towers among the I construction works. The judgment of the court below that it is not necessary to consider the pre-determined area when determining whether the project is subject to environmental impact assessment.
2. Determination
A. The prosecutor also argued to the same effect in the court below's determination as to the claim No. 1's claim, and a thorough examination of the records, the court below found that Defendant A did not undergo a small-scale environmental impact assessment on the incidental facilities, such as access roads and material storages, while performing construction works on the ground transmission routes, but, as the Enforcement Decree of the Environmental Impact Assessment Act was amended on December 20, 2015, the content that the access roads and ancillary facilities for construction on the ground transmission routes should be included in the small-scale environmental impact assessment report as to the construction on the ground transmission routes should be added to the small-scale environmental impact assessment report under attached Table 4 of the Enforcement Decree of the Environmental Impact Assessment Act, and thus, the part that was commenced before the enforcement of the above Enforcement Decree was not subject to a small-scale environmental impact assessment on the electric transmission line construction works