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(영문) 수원지방법원 2018.10.11 2018고정12
수질및수생태계보전에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of C Co., Ltd., which engages in metal processing business, etc. in the facts charged in the indictment.

A person who intends to install emission facilities, the maximum volume of daily wastewater of which exceeds 0.1 cubic meters, shall file a report with the Minister of Environment, and shall not conduct business using non-reported emission facilities.

However, on August 20, 2017, the Defendant, without filing a report with the Minister of Environment on August 20, 2017, installed one of the manufacturing facilities for metal processed products (the machine learning center capacity of 0.32 cubic meters where a water reuse tank is installed) from the total volume of maximum wastewater per day.

2. The Defendant and the defense counsel asserts that the machine learning center, which is a manufacturing facility of metal processed products installed by the Defendant, is not wastewater discharging facilities.

"Facilities discharging wastewater" in subparagraph 10 of Article 2 of the Water Quality and Water Quality Conservation Act means facilities, machinery, apparatus, and other objects discharging water pollutants, which are prescribed by Ordinance of the Ministry of Environment, and "waste" in subparagraph 4 of the same Article means water mixed with liquid or solid water pollutants, which cannot be used as it is, and "water pollutants" in subparagraph 7 of the same Article means water pollutants prescribed by Ordinance of the Ministry of Environment, which cause water pollution.

According to Article 6 of the Enforcement Rule of the Water Quality and Water Quality Conservation Act, wastewater discharge facilities are as shown in attached Table 4, and according to attached Table 4, in the case of a facility that discharges wastewater containing heavy metals from specific water quality, the maximum volume of wastewater per day is not less than 0.01 cubic meters [1. A.], and in the case of a facility that discharges wastewater containing heavy metals from specific water quality, the maximum volume of wastewater per day is not less than 0.1 cubic meters [1. 2], and in the case of a facility that discharges wastewater containing heavy metals from specific water harmful substances, the maximum volume of wastewater per day is not less than

In addition, the maximum volume of one-day wastewater is a single type of machinery or facility that reuses by circulating water-saving, etc., and the wastewater is in circulation.

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