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(영문) 의정부지방법원 2017.09.21 2016고정1778
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation and the defendant B corporation is a corporation established for the purpose of recycling aggregate.

Any business operator who runs a place of business, the discharge quantity of wastewater is higher than that prescribed by Presidential Decree, shall install measuring devices to ascertain whether water pollutants meet the permissible discharge standards and criteria for effluent water quality.

1. The Defendant, from January 25, 199 to January 12, 2016, was not equipped with measuring devices, such as a flow meter, while operating sand washing facilities and washing facilities, at the places of business located in B located in Yangju-si, Yangju-si.

2. The above Gap, the representative of the defendant Eul corporation, did not install the above measuring devices in relation to the defendant's business at the above date and place.

Summary of Evidence

1. The Defendants’ partial statements in the second public trial protocol

1. A report of the suspect and a statement of the suspect;

1. Permits to install wastewater discharge facilities;

1. On-site photographs (the Defendants and the defense counsel obtained permission under the condition that all wastewater should be recycled at the time the permission for installation of wastewater discharge facilities is granted, and this is alleged to the effect that the permission for installation of discharge facilities without waste can be deemed to have been obtained as stipulated in the proviso of Article 38-2 (1) 1 of the Water Quality and Water Quality Conservation Act. Thus, the Defendants and the defense counsel did not have a duty to install measuring devices.

However, according to the above evidence, the Defendants’ operation of discharging facilities with the permission for installation under Article 33(1) of the above Act on the condition that “the whole quantity of generated wastewater should be recycled,” which is one of the wastewater discharging facilities around January 25, 1999.”

The proviso of Article 33(1) of the above Act, which states that the Defendants are claiming to apply, may restrict the installation of wastewater discharge facilities in an area where water quality protection is required. However, only in exceptional cases, it is called “waste discharge facilities” with the permission of the Minister of Environment.

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