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(영문) 부산지방법원 2014.05.01 2014고정301
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C who carries on the business of manufacturing metal tubes string machinery parts located in Gangseo-gu Busan Metropolitan Government.

1. No person shall install wastewater discharge facilities that discharge specific substances harmful to water quality, or operate them using such discharge facilities without obtaining permission from the Minister of Environment;

Nevertheless, from January 201 to July 8, 2013, the Defendant, without obtaining permission from the Minister of Environment, operated the business of the said stock company by using copper, lead, wastewater treatment tanks (450liters x 1), and chrogram treatment tanks (150liters x 150liters x 1) which discharge specific substances harmful to water quality at the place of business of the said stock company C.

2. Any business operator who discharges water pollutants without permission or any person who operates prevention facilities shall be prohibited from discharging specific substances harmful to water quality discharged from discharge facilities without flowing them into prevention facilities, or installing facilities capable of discharging such substances without flowing them into prevention facilities;

Nevertheless, from January 2012 to July 8, 2013, the Defendant discharged wastewater 600 liters content (6mg/L) in excess of the permissible emission level at the place of business of the said stock company C from January 2012 to July 8, 2013, without flowing it into preventive facilities, and discharges it to the superior pipes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Waste water inspection report, detailed statement of transactions, copy of business registration certificate, transcript of corporate register, investigation report (public official’s telephone reception report);

1. Application of photographic Acts and subordinate statutes attached to the defendant's violation certificate;

1. Article 75 Subparag. 1, Article 33(1) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 11979, Jul. 30, 2013); Article 76 Subparag. 2, and Article 38(1) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 11979, Jul. 30, 2013) regarding criminal facts.

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