2014 Highest 516 Clean Air Conservation Act

1. A, Company Board;

2. B

Kim Jong- or (Lawsuits) Mag-ro (Trial)

Attorney Park Gyeong-young, and Song-hee (for the Defendants)

June 13, 2014

Defendant A shall be punished by a fine of KRW 7,00,00, and KRW 00,00, respectively, for four months of imprisonment for Defendant A.

However, with respect to Defendant A, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant B to pay an amount equivalent to the above fine.

Facts of crime

Defendant A is the head of factory B, a corporation located in Ulsan Nam-gu, and Defendant B is a corporation established for the purpose of manufacturing diversity and surface treatment steel.

1. Defendant A

(a) A business operator shall obtain permission to install air emission facilities, if he/she intends to install not less than 3 miles of power in a special measures area;

Nevertheless, the Defendant, from October 30, 2013 to October 11: 00 to October 13:00 on the same day, carried out painting work with the arms of 8. 9 Maman Force, which is a standby emission facility, without obtaining permission for installation of standby emission facilities in an outdoor place of business from around 00 to around 00.

(b) No business operator shall engage in any conduct to cease to operate preventive facilities when he/she operates air emission facilities;

Nevertheless, the Defendant is not in operation of facilities (50 meters x 1 x 250 meters x 1 x 1 x m) with smoking in preventive facilities while carrying out painting in the above place of business for a total of 15 days from September 24, 2013 to October 30, 2013, and the Defendant is not in operation of facilities with smoking in preventive facilities (50 meters x 1 x 250 meters x 1 x 1 : 00 on the same day from October 30: 00 to October 13: 00 on the same day from August 9, 2013.

In the course of carrying out painting work, the above preventive facilities were not operated.

2. Defendant B

The defendant, at the same time and place as paragraph (1), committed the above illegal act in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation;

1. On-site photographs (No. 6 No. 5 of evidence lists), painting work logs;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendant A: Article 90 subparag. 1 and Article 23(1) of the Clean Air Conservation Act.

(A) Article 89 subparagraph 3 of the same Act, and Article 31 (1) 1 of the same Act.

- The choice of each imprisonment

Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act (the time of air discharge)

SECTION 95 and § 89(3) of the same Act;

Article 31(1)1 (Embreging to Occupye Preventive Facilities)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment)

(2) Aggravated increase in concurrent crimes due to a violation of the Clean Air Conservation Act

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act (the fact that it is against the law, and there is no penalty power other than fine).

Considering point, etc.)

1. Order of provisional payment;

Defendant B: Article 334(1) of the Criminal Procedure Act

Judges Lee Jae-in