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(영문) 청주지방법원 충주지원 2016.10.19 2016고정92
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who is in charge of environmental affairs while serving as an executive director at Defendant B, who manufactures containers in Chungcheong-gun C, and Defendant B is a corporation established for the purpose of manufacturing containers for transportation at the above place.

1. Article 6 [Attachment Table 4] of the Enforcement Rule of the Water Quality and Aquatic Ecosystem Conservation Act;

2. A place of business discharging at least the maximum wastewater of 0.1 cubic meters a day under 63 shall have the obligation to file a report on the installation of wastewater discharge facilities under Article 33 (1) of the same Act.

Nevertheless, on May 22, 2015, Defendant A has not reported on the installation of wastewater discharge facilities while cleaning the interior floor, string, etc. of a container while repairing a container stuff on May 22, 2015.

2. Defendant B Co., Ltd. committed the above act of violation at the date and place specified in paragraph (1) 1, as stated in paragraph (1) 1, Defendant B, an employee of Defendant B Co., Ltd.

Summary of Evidence

1. Defendants’ legal statement

1. A business trip report;

1. A certificate;

1. Application of Acts and subordinate statutes on photographed land;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 76(2) and 33(1) of the Water Quality and Ecosystem Conservation Act;

(b) Defendant B: Articles 81, 76(2), and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants’ act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that may seriously pollute rivers, etc., and is an unfavorable sentencing factor against the Defendants.

However, due to the Defendants’ failure to accurately understand the relevant laws and regulations, there are circumstances to consider the motive thereof, and the Defendants’ aforementioned criminal facts were discovered immediately.

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