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(영문) 춘천지방법원 영월지원 2018.06.19 2018고정21
수질및수생태계보전에관한법률위반
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Defendants shall be punished by a fine of KRW 4,000,000.

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 Defendant B, who is a company collecting aggregate in Gangwon-gu Seoul, and Defendant B, on June 4, 2010, filed a report on the installation of waste-free discharge facilities with the office of Pyeongtaek-gun.

1. No business operator who has obtained permission to install discharging facilities without discharging waste water from Defendant A shall remove wastewater discharged from discharging facilities of waste water from his/her place of business or discharge such wastewater into public waters;

Nevertheless, around July 27, 2017, the Defendant discharged wastewater (wastewater generated by washing pollutants arising from the extraction of aggregates, etc.) generated from the three-wheeled facilities in the above corporation B, to E in the Gangwon-gu, Gangwon-do, the public waters.

2. Defendant B, a representative of the Defendant, discharged wastewater into public water zones, such as paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Voluntary statement of the F;

1. A written accusation;

1. On-site photographs;

1. Public question as a result of the examination of wastewater;

1. Results of water quality testing;

1. A table of guidance and inspection of emission facilities;

1. Application of Acts and subordinate statutes governing registration;

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

(a) Defendant A: Articles 75 Subparag. 3 and 38(2)1 of the former Water Quality and A Conservation Act (amended by Act No. 14532, Jan. 17, 2017; January 18, 2018; the same shall apply)

(b) Defendant B: Articles 81, 75 subparag. 3, and 38(2) subparag. 1 of the former Water Quality and Water Quality Conservation Act (Amended by Act No. 14532, Jan. 17, 2017; Act No. 1532, Jan. 18, 2018);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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