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(영문) 울산지방법원 2013.12.26 2013고정689
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") is a business operator who manufactures liquid tiny using tiny as raw materials at the place of business located in Ulsan-gun D located in Ulsan-gun, and reports the installation of air pollutants emission facilities. The defendant A is a representative director of the defendant Co., Ltd. who exercises overall control over all business activities such as environmental management of the company.

A business operator who has reported the installation of emission facilities shall be prohibited from failing to operate preventive facilities when he/she operates emission facilities in operating emission facilities and preventive facilities.

In addition, no one shall leak, leak, or abandon designated wastes under the Wastes Control Act into public waters.

1. Defendant A

A. On November 7, 2012, the Defendant operated a mixture facility (25 cubic meters x 1) which is a facility for the emission of air pollutants at the place of business of the Defendant Company, and failed to operate a detailed dust facility (165 cubic meters x 1 meters x 1) which is a preventive facility.

B. The Defendant, at the above date and place, leaked to a river nearby public waters, through a discharge outlet, as a care for the management of the water temperature concentration of hydrogen (PH) 12.8 persons in the process of manufacturing the liquid Appellate Conference.

2. The Defendant Company, a representative, committed each act described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and F;

1. A certificate of violation and a certificate of collection of samples;

1. Results of each fact-finding;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 6 through 12 of the evidence list);

1. The Defendants of relevant legal provisions pertaining to criminal facts: Each Defendant A: Article 78 subparag. 2 of the Water Quality and A and Article 15(1)1 of the Water Quality Conservation Act (the fact that designated wastes are leaked) of the same Act: Articles 81, 78 subparag. 2 and 15(1)1 of the same Act on the Conservation of Water Quality and A: Articles 81, 78 subparag. 2 and 15 of the same Act on the Conservation of Water Quality and Aquatic Ecosystem.

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