The defendant shall be innocent.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from scattering shall file a report thereon with the head of a Si/Gun, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control scattering dust or take necessary measures;

On March 14, 2018, at around 13:15, the Defendant did not operate mobile sprinklers facilities to control fugitive dust while making the production of recycled embling materials at the place of business located in Pyeongtaek-si B (hereinafter referred to as “C”).

2. The allegation C is a place of business that engages in a comprehensive waste recycling business, and thus does not constitute a fugitive dust-generating business, and thus, the crime of violating the Clean Air Conservation

3. Determination

(a) A person who falls under any of the following subparagraphs of Article 92 (Penal Provisions) of the Clean Air Conservation Act shall be punished by a fine not exceeding three million won:

5. Failing to install facilities to control fugitive dust or to take necessary measures, in violation of the former or latter parts of Article 43 (1);

(i) Any person who transports cement, coal, earth and sand, feed, grain, and powder-form materials of scrap metal, except for those who transport cement, coal, earth and sand, and scrap metal;

(1) A person who intends to conduct a business prescribed by Presidential Decree which generates dust (hereinafter referred to as "fugitive dust") emitted from scattering shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take

The same shall also apply to the modification thereof.

"Projects prescribed by Presidential Decree" in the former part of Article 43 (1) of the Enforcement Decree of the Clean Air Conservation Act means the following projects prescribed by Ordinance of the Ministry of Environment:

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