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(영문) 광주지방법원 해남지원 2019.05.30 2019고정31
대기환경보전법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of B in Jeonnam-gun, Namnam-gun, and the defendant corporation B is a corporation established for the purpose of producing waste rocks and fertilizers using the digging coats.

1. No person who has reported on a emission facility of a defendant A shall operate the emission facility without operating the preventive facilities or emitting pollutants emitted from the emission facilities, mixing with the air, in order to lower the degree of pollution, and shall install any air control device, branch emission pipes, etc. to emit pollutants without passing through the preventive facilities;

Nevertheless, around December 3, 2018, the Defendant installed and operated a crushing facility, which is an air pollutants emission facility, in a stock company B, and installed a ventilation machine capable of emitting pollutants without operating a stack facility, which is an air pollutants emission facility, from that time to January 3, 2019. From that time, the Defendant operated the above emission facility and operated the facility, which does not flow the dust into a leisure dust facility, but opened, which is a part of the air pollutants, and discharged into the outside atmosphere through the factory door and the exchange wind apparatus installed as above.

2. Defendant B, a representative director, committed a violation as referred to in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements prepared by D;

1. A business trip report;

1. Full certificate of the registered matters;

1. Application of statutes on site photographs;

1. Article 89 subparagraph 3 of Article 89, Article 31 (1) 1 of the Clean Air Conservation Act (a point of improper operation of preventive facilities), subparagraph 2 of Article 90, and Article 31 (1) 2 of the Clean Air Conservation Act (a point of installation of air control equipment, etc. that can emit pollutants without undergoing preventive facilities), and Defendant B who has selected each fine: Article 95, Article 89 subparagraph 3 of the Clean Air Conservation Act and Article 31 (1) of the Clean Air Conservation Act;

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