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(영문) 대전지방법원천안지원 2020.10.14 2020고단1946
대기환경보전법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are co-representative directors of D Co., Ltd. (hereinafter “D”) who engage in the business of collecting, transporting, and interim disposal of construction waste in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon. Defendant A was in charge of internal affairs, such as personnel management and accounting management, and Defendant B shared the role of taking charge of external affairs, such as business.

The Defendants, while operating D in substance, had been instructed by the competent authority to install air pollution preventive facilities in the course of construction in a chemical manner in which they had been ordered to install the air pollution preventive facilities, had a significant increase in the number of waste incineration facilities. After collecting and transporting large volume of waste in the Chungcheong area, the Defendants were willing to operate the said waste incineration facilities for a long time by organizing large number of foreign workers in Chinese nationality into a weekly and night work group.

Since the establishment of a crime does not affect the conclusion of the crime, the defendants' arguments are reflected in the revision.

Any person who intends to install emission facilities generating specified hazardous air pollutants in excess of the standards prescribed by Ordinance of the Ministry of Environment shall obtain permission from the Mayor/Do Governor, as prescribed by Presidential Decree, and shall not install emission facilities or conduct business using such emission facilities without

D) Although the Defendants reported the installation of emission facilities to the competent authority and obtained the permission from the competent Mayor/Do Governor to install emission facilities that are generated in excess of the standards prescribed by Ordinance of the Ministry of Environment, the Defendants conspired to do so on September 12, 2018, so that they can discharge one waste incineration facility (at least 150 km, maximum 619 km), five equipment for crushing and crushing facilities (power 56.2 km through 90 km), 1.04 pmp (standard 0.4 ppm), 0.084 ppm (standard 0.08 ppm) which is a specific hazardous substance, from the place of business located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon.

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