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(영문) 인천지방법원 2019.06.14 2019고정951
대기환경보전법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative of “stock company B” that carries on the furniture manufacturing business in Seo-gu Incheon Metropolitan City.

Any person who intends to install a smoke-emitting facility with a power of at least 15 km from among air pollutants violating the Clean Air Conservation Act shall file a report on the installation of an air pollutants with the competent authority.

Nevertheless, from February 2, 2017 to November 22, 2018, the Defendant installed and operated a smoke-generating facility power of 18.75kW x 1st, 3.7kW x 1st, without reporting the installation of an emission facility of air pollutants to the competent authority at the same place.

(b) Any person who intends to install a wood processing machine with power exceeding 15km from among noise emission facilities in violation of the Noise and Vibration Control Act shall file a report on the installation of noise emission facilities with the competent authority;

Nevertheless, from February 2, 2017 to November 22, 2018, the Defendant installed 18.75kW of wood processing machinery (mast facilities) power x 1 unit without reporting the installation of noise emission facilities to the competent authority at the above place.

2. Defendant B Co., Ltd. is a corporation established for the purpose of household manufacturing business. A.

The defendant in violation of the Clean Air Conservation Act was set forth in the above 1 A.

A with respect to the duties of the representative A at the time and place described in paragraph (1) above.

A violation, such as the entry in the subsection, was committed.

B. The Defendant violated the Noise and Vibration Control Act

With respect to the duties of the representative A at the time and place described in paragraph 1(b) above.

A violation, such as the entry in the subsection, was committed.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate, on-site confirmation photograph, and business registration certificate;

1. Application of Acts and subordinate statutes to investigation reports (review and report on records related to violations, such as Clean Air Conservation Act);

1. Article applicable to criminal facts;

A. Defendant A: Article 90 Subparag. 1, Article 23(1) of the Clean Air Conservation Act (generally, the installation and operation of an unreported air pollutant emission facility) and Article 58 of the Noise and Vibration Control Act.

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