Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates “D”, which is a motor vehicle painting company in Dongducheon City C.

Where it is intended to install a painting facility, the volume of which is at least five cubic meters, a report on installation of a atmospheric emission facility shall be filed with the competent authority.

Nevertheless, around September 201, the Defendant, without filing a report with the competent authority in the above D, installed one type of painting facility of 88 cubic meters, which is a waiting emission facility, and used it until August 27, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate of violation;

1. Application of statutes on site photographs;

1. Article 90 of the relevant Act on the Conservation of the Air Environment, and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Penalties concerning Criminal Facts, and Selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel of Article 334(1) of the Criminal Procedure Act provides that the part of the instant waiting emission facilities, among attached Table 3 of Article 5 of the Enforcement Rule of the Air Quality Conservation Act, is subject to regulation only in cases where painting works are conducted at the indoor workplace. This asserts that it is against the principle of equality under Article 11 of the Constitution, which discriminates against the case where air pollutants are emitted while painting works at the indoor workplace and without reasonable grounds.

However, the above attached Table only stipulates that "where the capacity of the painting facility is not less than five cubic meters," it does not distinguish between the indoor or outdoor stamp, and on the other hand, even if the Ministry of Environment complies with the "Guidelines for Interpretation of the Classification of Air Discharge Facilities and Standards for Discharge", it is interpreted that the whole area of the work space or the volume of the object on which the seal is sealed is not less than five cubic meters, if the seal is carried out without the approval of the seal facility, the above attached Table is applied to the air discharge facility, and it appears that the above provision is applied to the defendant and the defense counsel.