Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who operates a manufacturing factory with timber as “C” in Gangseo-gu Busan Metropolitan Government B.

1. Any person who installs an emission facility of air pollutants or uses it without obtaining permission or filing a report in violation of the atmospheric environment conservation Act, and receives an order to close the emission facility from the Mayors/Do Governors shall comply therewith;

The Defendant, without reporting to the head of Gangseo-gu Busan Metropolitan City, the competent authority, from April 30, 2014 to December 22, 2015, installed and used a sanction facility (22.5kW 1, 15kW 1st) which is an air pollutant emission facility, without reporting to the head of Gangseo-gu, Busan Metropolitan City, which is the competent authority, from the above “C,” and failed to implement the order until December 6, 2016, even though the Defendant was ordered by the head of Gangseo-gu around February 1, 2016 to close the emission facility of the said air pollutants.

2. A person who intends to install noise and vibration emission facilities in a residential area violating the Noise and Vibration Control Act shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si

Nevertheless, from June 3, 2016 to December 6, 2016, the Defendant established and used the sanctions against noise and vibration emission facilities (22.5kW 1, 15kW 1st) without obtaining permission from the head of Gangseo-gu Busan Metropolitan City, a competent authority, from the above “C” to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement;

1. A written order for an administrative disposition;

1. Application of statutes on site photographs;

1. Article 89 subparagraph 5-2 of the relevant Act and Articles 89 and 38 of the Act on the Conservation of the Air Quality and the Selection of Punishment (the point where an order of closure is not issued), Article 57 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act (the point where emission facilities of unauthorized noise and vibration are installed) concerning facts constituting an offense, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;