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(영문) 인천지방법원 부천지원 2013.12.12 2013고단3221
대기환경보전법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of ten million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established for the purpose of the manufacturing of electronic transformation machines, etc., and Defendant A is a director of Defendant Co., Ltd. who actually operates Defendant Co.

1. Defendant A

(a) Any person who intends to install emission facilities that emit air pollutants in violation of the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, on November 2012, the Defendant, at the Defendant Company’s place of business, installed 21 meters in total, 30.11 cubic meters of building facilities, 21 cubic meters of 30.11 cubic meters of power, 7 combined facilities, and 22.4 cubic meters of volume, respectively, and operated by using them.

(b) Any person who intends to install facilities discharging water pollutants in violation of the Water Quality and Aquatic Ecosystem Conservation Act shall obtain permission from the Minister of Environment or report thereon to the Minister of Environment;

Nevertheless, on November 2012, 2012, the Defendant installed one damp cutting machine, the capacity of the storage facility of which is 0.14 cubic meters from the place of business of the Defendant Company without filing a report with the Minister of Environment at the Defendant Company’s place of business, and operated the facility using each unit of the facility, the capacity of which is 0.273 cubic meters.

2. Defendant Company

A. Defendant A, an employee of the Defendant Company, committed a violation of the Clean Air Conservation Act with respect to the Defendant’s business by installing air pollutants emission facilities without reporting as above.

B. Violation of the Water Quality and Aquatic Ecosystem Conservation Act and Defendant A, an employee of the Defendant company, installed water pollutants discharge facilities without reporting as above and committed a violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation, related photographs, and report on installation of atmosphere emission facilities;

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