logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.03.27 2016고정620
대기환경보전법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and Defendant B is a corporation established for the purpose of manufacturing rubber products.

1. Defendant A

(a) No operator of improper operation of preventive facilities shall operate preventive facilities or commit an act of emitting pollutants emitted from emission facilities, mixing with air, to lower the degree of pollution when he/she operates emission facilities;

Nevertheless, the defendant from March 2016 to the first police officer of the same year.

4. From the day of August, 18, B Co., Ltd. located in Chuncheon-si (2.18 square meters x 5 square meters x 1.2 square meters), mixed facilities (1.2 square meters x 9 square meters x 16 square meters x 16 square meters) were operated without supplying detailed water due to damage, which is a preventive facility, to a water pipe.

(b) A person who intends to install non-reported emission facilities shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, from around December 2014 to April 18, 2016, the Defendant installed and operated a mixture facility (2m2 x 2 m2 m2) which is a atmosphere emission facility without reporting to the Chuncheon City Mayor.

2. Defendant B Co., Ltd. committed a violation as described in paragraph (1) in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Accusation against any violation of the atmospheric environment conservation Act, application of the relevant Acts and subordinate statutes on company register, certified copies of accidents;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Selection of a fine for negligence under Article 89 Subparag. 3, Article 31(1)1 (a) of the Air Quality Conservation Act, Article 90 Subparag. 1, and Article 23(1) (a) of the Air Quality Conservation Act (a point of installation of unreported emission facilities), and Article 23(1) of the same Act;

B. Defendant B Co., Ltd.: Articles 95, 89 subparag. 3, and 31 subparag. 1 of the Air Quality Conservation Act.

arrow