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(영문) 울산지방법원 2015.07.21 2015고정951
대기환경보전법위반
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

Punishment of the crime

Defendant

A is the representative director of Ulsan-gun C, a person who actually supervisess the affairs of the company including the environmental management of the company, and the defendant B is the manufacturing company of Ulsan-gun.

The business operator shall not perform an act of not operating the preventive facilities when he operates the emission facilities of air pollutants.

1. The Defendant, from August 1, 201 to November 19, 2014, operated three mixed facilities (10 x 1, 15 x 1, 20 x 1, 20 x 1) equivalent to air pollutants from the place of business in question, from around August 1, 201 to the mixture manufacturing process, without operating preventive facilities by arbitrarily removing pipes from air pollutants generated from the mixture to the prevention facilities, and directly discharged dust 83.5 km and a total hydrocarbon 141.4 km, which are air pollutants, into the atmosphere during the foregoing period.

2. The Defendant B, the representative director of the Defendant Company, operated three mixed facilities (10ma x 1,15ma x 1,20 x 1) corresponding to the waiting emission facilities for the production of paint as above, and did not operate preventive facilities by arbitrarily removing pipes to transport air pollutants generated from the above mixed facilities to preventive facilities, and directly discharging dust 83.5 km and total hydrocarbon 141.4 km as air pollutants during the above period.

Summary of Evidence

1. Defendant A’s legal statement

1. Written statements of D;

1. Each report on investigation;

1. One copy of all matters to be registered and one copy of the report on the installation of air emission facilities;

1. One copy of the manufacturing process of products;

1. Application of a part of the Acts and subordinate statutes to a violation photograph;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 89 Subparag. 3 and Article 31(1)1 of the Clean Air Conservation Act and selection of fines;

(b) Defendant B corporation: Articles 95, 89, and 31 (1) 1 of the Clean Air Conservation Act;

1. Detention at a workhouse;

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