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(영문) 춘천지방법원 강릉지원 2018.04.26 2018고정41
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of civil engineering works, etc. located in Kuju-si, which is a business owner performing “E development project” in C. Defendant A is a person who works as a site warden at the above construction site, and the said corporation filed a report on flying dust in relation to the above project on August 22, 2017.

1. A person who intends to operate a business generating fugitive dust discharged by Defendant A (hereinafter referred to as “fugitive dust”) shall file a report thereon with the competent authority and install facilities to control fugitive dust or take necessary measures;

Nevertheless, around December 14, 2017, the Defendant performed civil engineering works at the construction site, and failed to take necessary measures to suppress fugitive dust, such as the installation of a cover and a dustproof wall, thereby generating a large quantity of fugitive dust.

2. Defendant B Co., Ltd. committed a violation as described in paragraph (1) with respect to the Defendant’s business at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of reporting Acts and subordinate statutes, such as a voluntary statement, written accusation, statement of business trip, inspection and photograph register, confirmation letter, business generating dust, etc.;

1. Defendant A of the pertinent Act on criminal facts: Article 92 subparagraph 5 of the atmospheric environment conservation Act and Article 43 (1) of the same Act on the conservation of the atmospheric environment: Articles 95 and 92 subparagraph 5 of the atmospheric environment conservation Act and Article 43 (1) of the same Act on the conservation of the atmospheric environment;

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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