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(영문) 울산지방법원 2017.09.15 2017고정584
대기환경보전법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a company that operates chemical products manufacturing business and operates a factory in Ulsan-gu C. The defendant A is a former factory of the above factory of the defendant B and has overall control over the business place including environmental management.

1. No person who has obtained permission to install or reported on installation of emission facilities of a atmosphere shall fail to operate preventive facilities when he/she operates emission facilities;

Nevertheless, from December 21, 2015 to September 8, 2016, Defendant A operated 1 ton of packing facilities of one ton of air-emitting facilities, which are air-emitting facilities of the yellow-pock manufacturing process, at the above plant, and failed to operate one string facility, which is the air-emitting facility of the above emission facility (22/metres in cubic meters) and one string facility (22/metres in cubic meters).

As a result, the Defendant operated emission facilities, and did not operate preventive facilities accordingly.

2. Defendant B did not operate preventive facilities as above with respect to the business of Defendant B, at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A permit to install emission facilities, and a register of operation of emission facilities and preventive facilities for atmosphere;

1. Application of Acts and subordinate statutes on site photographs;

1. Defendant A: Article 89 subparag. 3 of the atmospheric environment conservation Act and Article 31(1)1 of the same Act (excluding penalty), Defendant B: Articles 95, 89 subparag. 3, and 31(1)1 of the atmospheric environment conservation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act

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