The judgment of the court below is reversed.

Defendants shall be punished by a fine of two million won.

Defendant

A does not pay the above fine.

1. The summary of the grounds for appeal is that the court below erred by misapprehending the legal principles, since it did not properly examine the relevant laws and regulations concerning the facts charged of this case and whether it is subject to permission or report related to the installation of discharge facilities, and sentenced not guilty of the facts charged of this case.

2. The summary of the facts charged in the instant case is the representative director of the B Co., Ltd. located in Pyeongtaek-si C, and Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing metal tanks and storage containers for establishment.

A person who intends to install a wastewater discharge facility shall obtain permission from the Minister of Environment or file a report with the Minister of Environment under the conditions as prescribed by the Presidential Decree.

Defendant

A around July 25, 2018, at a factory operated by the Defendant, the Defendant used water in the 1 cubic meter x the second storage container in order to conduct the confidential test for storage without reporting the installation of wastewater discharge facilities, and operated the test on the water.

B. Defendant B, who is an employee, committed an offense against the Defendant’s business.

3. Determination

A. The lower court rendered a not guilty verdict on the instant charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that specific substances harmful to water quality have been discharged from the water discharged from the storage container for the purpose of confidential test by Defendant A, and that there is no other evidence to acknowledge this otherwise

(b) The judgment of this Court is defined as follows as the terms used in this Act, Article 2 (Definitions) of the Water Environment Conservation Act:

10. The term "wastewater discharge facilities" means facilities, machinery, apparatus and other objects prescribed by Ordinance of the Ministry of Environment, which discharge water pollutants;

Provided, That ships and marine facilities defined in subparagraphs 16 and 17 of Article 2 of the Marine Environment Management Act shall be excluded herefrom.

Article 33 (Permission and Report on Installation of Emission Facilities) (1) Any person who intends to install emission facilities.