Defendant shall be punished by a fine of three million won.

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

Punishment of the crime

On September 4, 2006, the Defendant registered a business operator with respect to the service business, such as automobile racing, light painting, luminous, and painting, and up to now, “D” is a person who has operated a business with a trade name.

A painting facility with a volume of not less than 5 cubic meters or with a power of not less than 2.25km (including a facility for settling a powder, building facility, etc.) is obligated to file a report on installation of emission facilities with the competent authority before the installation of emission facilities, because it falls under air pollutants under the Air Quality Conservation Act.

Nevertheless, the suspect, without filing a report on installation of emission facilities, has affixed a seal on various kinds of unspecified vehicles within the painting facility (ware) from September 4, 2006 to August 28, 2017.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A certificate of violation;

1. The defendant and his defense counsel asserted that the above workplace is not subject to reporting under the Air Quality Conservation Act, since the power of painting facilities installed at the workplace as stated in the judgment was 1.75kW and the seal work was not primarily used.

The term "air pollutants emission facilities" means facilities, machinery, apparatus, and other objects discharging air pollutants into the atmosphere as prescribed by Ordinance of the Ministry of Environment (Article 2 subparag. 11 of the Air Quality Conservation Act); and Article 5 [Attachment 3] subparag. 2(b)(b) and 25 of the Enforcement Rule of the Air Quality Conservation Act [Attachment 3] of the Enforcement Rule of the Air Quality Conservation Act (hereinafter referred to as the "Air Quality Conservation Act"), a painting facility the volume of which is not less than five cubic meters or the power of which is not less than 2.25km falls under air pollutants emission facilities. Here, the term "sealed facility" refers to a working room which mainly performs exclusive installation for painting, painting, etc. (see Supreme Court Decision 2017Do1055, Sept. 21, 2017). The following circumstances revealed by each evidence, namely, the Defendant installed a place of work in approximately 12.5 meters (7m x 7m 5m x 5m) and has various equipment necessary for painting, etc.