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(영문) 춘천지방법원 영월지원 2016.01.15 2015고단456
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A as a general director of the corporation B, a person who exercises overall control over the environmental management of the place of business in Gangwon-do, and Defendant B is a corporation established for the purpose of interim disposal of construction waste.

1. A person who intends to install an emission facility of Defendant A shall file a report (including matters concerning installation and alteration) with the Mayor/Do Governor under Article 23 (1) of the Air Quality Conservation Act, or file a false report, install or alter the emission facility, or conduct any business using the emission facility, or conduct any business using the emission facility, and the following facilities (excluding portable ones) with the power specified in attached Table 3 of the said Rule, which exceeds 15km, and shall not use the emission facility of air pollutants which has not filed a report:

Nevertheless, at around 12:00 on July 9, 2015, the Defendant, without reporting to the competent authorities at the above workplace, installed a mination and crushing facility (150 tons/h 1,75 tons/h 2, 200 tons/h 1 tons), which is an air pollutant emission facility, and installed a mination facility, other than a portable facility, installed at the upper part of the mination facility, and installed at will, and operated by using it.

2. The Defendant B, at the time and place specified in paragraph 1, installed and operated mination and crushing facilities (150 tons/h 1 ton, 75 ton/h 2 ton/h 2, 200 ton/h 1 ton) air pollutants emission facilities without reporting to the competent authorities as described in paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation and E statement;

1. The application of statutes governing a certificate for business registration, a written estimate for the joint-use works, a certificate for reporting a project generating scattering dust, and a certificate for reporting waste water facilities;

1. Defendant A of the pertinent Article of the atmospheric environment conservation Act concerning facts constituting a crime: Articles 90(1) and 23(1) B of the atmospheric environment conservation Act: Article 95 of the atmospheric environment conservation Act;

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