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Defendant
C Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won.
Defendant
B. A corporation.
Reasons
Punishment of the crime
[Judgment of the court below] Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established for the purpose of construction business, etc., and currently is performing building construction work in Bupyeong-si D (E and F, and Defendant C is the representative director of the above corporation.
[200 Highest 1168]
1. Around August 16, 2019, the Defendant: (a) was ordered by the head of Hacheon-si, Busan-si to suspend the use of a specific device in violation of the order to suspend the use of the specific device; and (b) was ordered by the head of Hacheon-si, Busan-si to suspend the said construction from November 23, 2019 to November 27, 2019, the Defendant violated the said order by carrying out construction works at the construction site around November 25, 2019 and around the 26th of the same month and around the 27th of the same month.
2. The Defendant Company, the representative director of the Defendant, committed the above violation as to the date, place, and the Defendant’s business at the time and place specified in Paragraph 1.
[200 Highest 1209] The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person who generates noise and vibration to take necessary measures, such as adjustment of working hours, the dispersion or suspension of the production of noise and vibration, the installation of soundproof and vibration-proof facilities, the use of construction machinery which produce low noise determined by Ordinance of the Ministry of Environment, etc., where the person who received an order to take measures fails to comply with or implements such order, he/she may order the suspension or closure of the relevant construction, and no person shall violate any order to adjust working hours, etc., prohibition of use, suspension of construction, or closure order.
3. Defendant C
A. From November 13, 2019 to August 15, 2019, the Defendant is above the Defendant around August 13, 2019.