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(영문) 수원지방법원 안양지원 2015.10.01 2015고정655
환경영향평가법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

. In any of the following cases, a request for re-consultation shall be made to the Minister of Environment:

1. Where the project has not been commenced within a period specified by Presidential Decree after the project plan, etc. is approved or confirmed: Provided, That the foregoing shall not apply where any circumstance changes slightly before the commencement of the project and the head of the approving agency has consulted thereon with the Minister of Environment;

(1) No project implementer shall implement any project for a project subject to environmental impact assessment before the procedure for consultation, re-consultation, or amendment to agreed terms and conditions under Articles 27 through 29, and 31 through 33 is completed.

Article 74 (Penalty Provisions) (2) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:

2. A person who performs construction works before the completion of the procedures for consultation or re-consultation in violation of Articles 34 (1) and 47 (1) * Article 54 of the Enforcement Decree of the Environmental Impact Assessment Act (Amended by Presidential Decree No. 25713, Nov. 11, 2014) (1) "period prescribed by Presidential Decree" in the main sentence of Article 32 (1) 1 of the Act means five years from the date on which he/she is notified of the details of consultation pursuant to Article 29 (1) of the Act;

2. In full view of the relevant laws and regulations as seen earlier, the project subject to the re-consultation on environmental impact assessment shall be five years from the date when the project plan was finalized, not from the date when the consultation on environmental impact assessment was notified. Since it is apparent that the project of this case was completed five years from November 29, 2007 when the consultation details was notified, the Defendants and the defense counsel’s above assertion shall not be accepted.

2. Determination as to the assertion that Defendant A does not constitute a prohibited construction work

A. The Defendants and the defense counsel are limited to part of the construction works of the Defendant A outside the business area.

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