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(영문) 의정부지방법원 2012.12.26 2012고정2657
수질및수생태계보전에관한법률위반
Text

Defendant

A A shall be punished by a fine of 2,000,000 won, and a fine of 2,000,000 won, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of B, and Defendant B is a corporation established for the purpose of wood retardant treatment construction business, fire fighting equipment construction business, etc.

1. A person who intends to install the discharge facilities of Defendant A shall obtain permission from the Minister of Environment or report to the Minister of Environment, under the conditions as prescribed by the Presidential Decree, and a wastewater discharge facility which amounts to not less than 0.01 cubic meters of the maximum volume of wastewater per day from among the facilities discharging specific substances harmful

Nevertheless, from June 2009 to May 31, 2012, the date of inspection, the Defendant discharged wastewater into neighboring rivers without obtaining permission for the installation of wastewater discharge facilities from the competent authorities even if wastewater of 1.8 cubic meters per day was generated at the place of business of Pocheon-si B Co., Ltd. from the place of business of Pocheon-si to the date of cleaning flame retardation treatment facilities.

2. Defendant B Co., Ltd. committed the above offense in relation to his business.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of C’s written laws and regulations

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 75 subparagraph 1 of the Water Quality and Ecosystem Conservation Act and Article 33 (1) of the same Act;

(b) Defendant B: Articles 81, 75 subparag. 1, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act;

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

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