Text
Defendants shall be punished by a fine of three million won.
Defendant
If A does not pay a fine, 10,000 won shall be one day.
Reasons
Criminal facts
Defendant
B A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of widening C and the final disposal of designated wastes. Defendant A is a person who manages overall duties, such as the environmental management of Defendant Co., Ltd. as a director.
A person who has completed or closed the use of a landfill facility for wastes shall conduct follow-up management, such as the installation and operation of a facility for treating water from the residents' health and property or the surrounding environment, as prescribed by Ordinance of the Ministry of Environment.
Where a person who is under post management fails to do so properly or is judged inappropriate as a result of a regular inspection conducted under statutes, the Minister of Environment may issue a corrective order within a fixed period as prescribed by Ordinance of the Ministry of Environment, and the person who is under post management shall not violate the corrective order.
1. Defendant A was issued a corrective order (hereinafter “instant corrective order”) on August 23, 2009 by the head of the Yeongsan River Environment Office, including the submission of a report on the safety of the landfill, on August 29, 2014 and on November 12, 2014, with respect to the waste landfill facilities at KRW 3 and 4 (hereinafter “the instant accident”). From February 28, 2015, the Defendant did not comply with the instant plan under the name of the head of the Yeongsan River Environment Office (hereinafter “instant corrective order”).
2. A, a director of the defendant company at the same time and place as the preceding paragraph of the defendant company, did not comply with the corrective order as mentioned in the preceding paragraph.
Summary of Evidence
A written on-site investigations and photographs of the preparation of the police interrogation E protocol against Defendant A of some of the Defendants’ legal statements D, E, the investigation report of the permission for the final disposal of wastes for which the corrective order is requested (in-house verification results), the investigation results report, and the person in charge of the National Environmental Office.