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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Determination on Defendant E and G Co., Ltd.’s grounds of appeal
A. Article 46(1) of the Clean Air Conservation Act provides that a person who intends to manufacture (including importation; hereinafter the same shall apply) a motor vehicle shall manufacture (including importation; hereinafter the same shall apply) the motor vehicle in compliance with the permissible emission levels prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as “discharge gases”) for the pollutants emitted from the relevant motor vehicle.
Article 48 of the Clean Air Conservation Act provides for the duty of certification for alteration of manufactured automobiles, and where an automobile importer intends to import a motor vehicle, he/she shall obtain prior certification from the Minister of Environment that the automobile exhaust gas can be maintained in compliance with permissible emission levels for manufactured automobiles during the warranty period of exhaust gases (paragraph (1)), and where he/she intends to modify important matters prescribed by Ordinance
(2) Paragraph 2. A person who has imported an automobile without obtaining alteration certification and a corporation to which he belongs shall be punished in accordance with section 91, section 4 and section 95 of the Clean Air Conservation Act.
Article 67 (1) of the Enforcement Rule of the Clean Air Conservation Act lists "important matters prescribed by Ordinance of the Ministry of Environment" under Article 48 (2) of the Clean Air Conservation Act and changes other than the matters referred to in the subparagraphs of paragraph (3) through (1) and does not increase the quantity of exhaust gases although the matters referred to in paragraph (1) are changed, it is deemed that the modification is reported to the President of the National Institute of Environmental Research
According to the delegation of the Clean Air Conservation Act, Article 67 (1) of the Enforcement Rule of the Clean Air Conservation Act specifies the subject of the authentication of modification, and Article 67 (3) does not limit the scope.