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(영문) 춘천지방법원 2018.10.24 2018고단180
환경영향평가법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B corporation in Songpa-gu Seoul Metropolitan Government D and 403, and the defendant B corporation is a corporation with the purpose of consulting on electric power plant construction business.

1. Where the relevant project is a small-scale project subject to environmental impact assessment (5,000 square meters in a conservation and control area, 10,000 square meters in a planned control area) pursuant to the Act on the Assessment of Environmental Impact of Defendant A and the Enforcement Decree of the same Act, the project operator shall implement the project through a small

Nevertheless, from November 2015 to April 2016, the Defendant constructed a construction without undergoing a small environmental impact assessment on the total area of 74,739 square meters (4,569 square meters in a conservation and control area, 30,170 square meters in a planned control area) among two parcels, namely, Hongcheon-gun E, Gangwon-gun, and two parcels.

2. Defendant B, a representative of the Defendant, committed a violation as referred to in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written confirmation of the violation of Defendant A and an explanatory note;

1. A written statement of the defendant B corporation

1. Detailed statement of F and G;

1. On-site photographs, actual survey maps, full certificates of registered matters registered by Hongcheon-gun E, details of consultation on small environmental impact assessment reports, and application of statutes governing permission for development activities;

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

A. Defendant A: Articles 74(2)1 and 43(1) of the Environmental Impact Assessment Act; the choice of fines

(b) Defendant B: Articles 75, 74(2)1, and 43(1) of the Environmental Impact Assessment Act

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

1. Determination as to the assertion of Defendant B corporation under Article 334(1) of the Criminal Procedure Act, each of the criminal proceedings orders for provisional payment

1. Defendant B’s assertion that Defendant B performed construction work without undergoing a small environmental impact assessment in Gangwon Hongcheon-gun E, etc. between November 2015 and April 2016. However, Defendant B’s claim is a violation of the National Land Planning and Utilization Act (hereinafter “violation of National Land Planning Act”).

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