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(영문) 수원지방법원 2017.11.03 2017노469
수질및수생태계보전에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is as follows: (a) the water level of the cutting machines installed and used by the Defendants at a workplace and the water level of the cutting machines installed and used by the Defendants (0.014 cubic meters, 0.098 cubic meters, hereinafter collectively referred to as “facilities of this case”) are recycled and reuseed in entirety; and (b) the water level of the water level of the instant facilities is not leaked out; and (c) thus, the instant facilities do not constitute “discharge facilities of wastewater” as prescribed by the Water Quality and Water Quality Conservation Act (hereinafter “Water Quality Conservation Act”).

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Article 2 subparag. 11 of the Act of the Water Quality Ecosystem defines wastewater as one type of wastewater discharging facilities, which does not treat wastewater in the relevant place of business using water pollution prevention facilities, reuse the same wastewater discharging facilities, or otherwise discharge wastewater into public waters. Article 6 and attached Table 4 of the Enforcement Rule of the Water Quality Ecosystem Act specifically define wastewater discharging facilities according to delegation under Article 2 subparag. 10 of the same Act. Article 2 subparag. 2 of the same attached Table provides that “in the case of facilities discharging wastewater which do not contain any specific heavy metal, the maximum volume of wastewater per day shall be at least 0.1 cubic meters” and Article 2 subparag. 1 of the same attached Table provides that “facilities which discharge wastewater, the maximum volume of wastewater per day shall be at least 0.1 cubic meters.”

B. 2) Sub-paragraph (2) provides that “Where a single discharge process exists only for a single discharge process in which wastewater is not leaked to the outside of the machinery or facilities in the circulation of water-saving, etc., for a single type of machinery or facilities that reuse water in the circulation of water, the volume of “one-day maximum volume of wastewater” shall be calculated with the capacity of the storage facilities attached to the machinery or facilities.

In full view of the relevant laws and regulations, “in cases of a single-use machine or facility that reuses water-saving, etc. in circulation and in which wastewater does not leak out to the outside of the machine or facility during circulation, it is only a single discharge process.”

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