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(영문) 대전지방법원 2014.07.23 2014노27
대기환경보전법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The main point of the grounds for appeal (legal scenarios) is that the above facilities are moved-types and were installed at the construction site of this case at the time the above facilities were controlled, and the court below erred by misapprehending the legal principles that the above facilities should be installed at a fixed place, which affected the conclusion of the judgment.

Article 43(1) of the Clean Air Conservation Act provides that "a person who intends to conduct a business which generates dust that is non-emitting (hereinafter referred to as "fugitive dust") and which is prescribed by Presidential Decree shall report it to the head of Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment, and install facilities to control scattering dust or take necessary measures. The same shall also apply to any alteration thereof." Article 92 subparagraph 5 of the same Article provides that "a person who fails to install facilities to control scattering dust or to take necessary measures in violation of Article 43(1) shall be punished by a fine not exceeding 3 million won against "a person who fails to install facilities to control scattering dust or to take necessary measures in violation of Article 43(1)" and Article 44 of the Enforcement Decree of the Clean Air Conservation Act provides that construction business related to civil engineering works shall be referred to as "fugitive dust-generating business" and delegates specific projects to be subject to reporting, and accordingly, the Enforcement Rule of the Clean Air Conservation Act (attached Table 13) provides that construction works shall be reported as fugitive dust-generating projects exceeding the total area

In addition, Article 58 (4) of the Enforcement Rule of the Clean Air Conservation Act provides that "the standards for the installation of facilities to control fugitive dust under Article 43 (1) of the Act and necessary measures are as shown in attached Table 14," and in the case of "transport" under paragraph (3) of the same Article during the emission process in attached Table 14, the "pacter facilities (d) using automatic or water tanks" and the side of the "pacter facilities".

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