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(영문) 수원지방법원 안양지원 2018.03.23 2017고단2242
수질및수생태계보전에관한법률위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. No person who has committed an act of leaking, leaking, or dumping specific water-quality harmful substances in the public waters without justifiable grounds;

The Defendant worked as the head of B corporation, the maintenance and repair company of the surface of the expressway and the old bridge, while serving as the person in charge of the D Construction Site D's flatization work (hereinafter "road ice work") implemented by the above B corporation at the king City C, and performed water cleaning on the sludge that occurred during the above flating work.

In such cases, a person engaged in water cleaning has a duty of care to ensure that the water pollution in the course of water cleaning is not leaked and leaked to the public waters by using the diameter, etc.

Nevertheless, around September 5, 2017, the Defendant: (a) cleaned the sludges, etc. that occurred in the course of the king-si C (hereinafter “Cu”), which was caused by the negligence of neglecting the installation of the corrosion in the drainage hole and the work section; (b) discharged and leaked to the Cheongcheon, a public water area beyond the above corrosion. (cu) The contamination containing 0.026mg/L, which was a specific water-quality harmful substance in the water cleaning process, was caused by the negligence of neglecting the installation of the corrosion.

2. Defendant B Co., Ltd. is a corporation established for the purpose of packing construction business.

Defendant

The company, as described in paragraph 1, discharges and leaks specific water-quality harmful substances in the Cheongcheon, a public water zone, without good cause, in connection with the business of the defendant company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. Related photographs and the results of water quality testing of rivers;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 78 Subparag. 2 and Article 15(1)1 of the former Water Quality and A (amended by Act No. 14532, Jan. 17, 2017; hereinafter the same shall apply) of the Act on the Preservation of Water Quality and A’s Living Together (amended by Act No. 14532, Jan. 17, 201);

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