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(영문) 울산지방법원 2015.04.24 2014고단3359
대기환경보전법위반
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

The defendant is the vice president of the company B located in Ulsan-gun E, who is a person in charge of overall business affairs such as the management of employees, process management, and safety management of the above company, and the defendant B is a corporation established for the purpose of manufacturing rivers, offshore plant parts, etc.

The main use and disposal facilities of at least one cubic meter in cubic meter shall fall under the atmospheric emission facilities, and Ulsan-gun E shall fall under the special measures area as provided for in the Framework Act on Environmental Policy.

A person who intends to install air emission facilities in the special measures area above shall obtain permission from the Mayor/Do Governor, and a business operator who has installed emission facilities shall operate preventive facilities when he/she operates emission facilities.

1. Defendant A

A. From the beginning of December 2013 to the end of February 12, 2014, the Defendant, who installed an unauthorized air discharge facility, operated a facility for the use and disposal of main water and facilities for the discharge of air pollutants (main entrance and discharge facilities8,326 cubic meters) without obtaining permission from the competent Mayor/Do Governor from the beginning of December 2, 2013 to February 12, 2014.

B. The Defendant, who did not consent to the establishment of the preventive facility, was in operation of the electric taxiway (2,00km x1 in cubic metres) that is the air pollutants emission facility permitted separately from the permissible air emission facility as prescribed in paragraph 1(a), while the Defendant, who was in the middle of May 2014 through the middle of July 1, 2014, operated the electric taxiway (2,00km x2 in cubic metres) separately from the permissible air emission facility under paragraph 1(a).

2. The Defendant Company B, at the time and place under Paragraph 1, violated the above provisions regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Each written confirmation of violation;

1. Application of Acts and subordinate statutes to each photographer register;

1. Defendant A who has the relevant legal provisions and the choice of punishment on the crime: Defendant A who has the relevant legal provisions and the relevant punishment: Article 89 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (the installation of unauthorized air emission facilities), Article 89 subparagraph 3 of the Clean Air Conservation Act, and Article 31 (1) 1 of the Clean Air

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