2015 Highest 5501 Violation of Water Quality and Aquatic Ecosystem Conservation Act

1. A;

2. B

3. C.

4. D;

5. E.

Maternity (prosecution, public trial)

Attorney F (private election for all the defendants)

Attorney G (Defendant B, C, D, and D)

January 21, 2016

Defendant A shall be punished by imprisonment of one year and two months, by imprisonment of eight months, by imprisonment of Defendant B, by imprisonment of four months, by imprisonment of Defendant D, by imprisonment of ten months, and by imprisonment of one year.

However, for Defendant A, B, D, and E, for two years from the date this judgment becomes final and conclusive, and for Defendant C, the execution of each of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal History Office

1. Defendant A and Defendant B

From August 1, 2013, Defendant A worked as a general complaint in charge of the overall management of the work at the H sewage treatment plant, which is a public sewage treatment plant affiliated with the Busan Environment Corporation, and Defendant B is a working-level person who works as the chief of the operation division from November 1, 2012 and was in exclusive charge of the water quality management of sewage discharged.

No person shall intentionally fail to operate an automatic water quality measuring device (hereinafter referred to as "Tms") or fail to conduct a normal measurement, or make a false measurement.

On the other hand, at the final discharge outlet of the H sewage treatment plant, Tms are attached to the final discharge outlet of the sewage treatment plant by automatically collecting the specific quantity of the discharged sewage and analyzing and measuring the concentration of water pollutants contained in the sewage, to automatically transmit the measured value by each time zone to the Control Center of the National Environmental Authority. In the Korea Environment Control Center, barring special circumstances such as Tms scam operation, the measured value transmitted as above is used as administrative data to determine whether the measured value exceeds the permissible level by deeming it as the concentration of water pollutants among the sewage discharged in the H sewage treatment plant.

The Defendants conspired to allow the Corporation to undergo internal audit if the concentration of water pollutants in sewage discharged from the H sewage treatment plant exceeds the permissible discharge level, and to undergo a good evaluation or personnel evaluation of the former workers working at the H sewage treatment plant, and to have an adverse impact on the performance rate to be paid by all employees of the Corporation, even in the overall management reputation of the Busan Environment Corporation, as the total management reputation of the Corporation is likely to have an adverse impact on the performance rate to be paid by all employees of the Corporation. In the event that the automatically measuring the concentration of water pollutants in sewage discharged from the State and night shifts is likely to exceed the permissible discharge level, the Defendants conspired to arbitrarily manipulate the TR measurement value lower than the actual concentration of water pollutants by arbitrarily manipulating the value of TR to transmit it to the Korea Environment Management Center.

Around January 22, 2014, when I was working on duty at the H Sewage Treatment Center located in Busan J, I measured the total nitrogen (T-N) value of discharged sewage by 18.08g/L, and I decided to lower the clive value of clives by using the same worker K and L with the same worker. Accordingly, I observed the numerical change in the central control room, and K and L intentionally fabricated access to clives through the entrance with the entrance installed with the license to automatically transmit the records to the Korea Environment Corporation, so there is concern that entry to clives would be racings, and that entry to clives would not be made in order to conceal such fact, and then arbitrarily fabricated the results of clives and 14mms from the 3rd day to the 16.14mm/4mm of 14m of tlives from the 13th day of measurement of the total value of tms.

2. Defendant C

From January 14, 2013 to July 31, 2013, the Defendant is a person working as a director in charge of the management of the sewage treatment plant, which is a public sewage treatment plant affiliated with the Busan Environmental Authority, and was actually in charge of the water quality management of discharged sewage.

No person shall intentionally fail to operate tms or fail to conduct a normal measurement, or prepare false measurement results.

On the other hand, at the final outlet of the sewage treatment plant, Tms are attached to the final outlet of the sewage treatment plant to analyze and measure the concentration of water pollutants contained in the sewage discharged automatically and to automatically transmit the measured value for each time period to the Control Center of the National Environmental Authority. In the Korea Environment Control Center, barring special circumstances such as Tms malfunction operation, the measured value transmitted as above is used as administrative data to determine whether the measured value exceeds the permissible discharge level by deeming it as the concentration of water pollutants among sewage discharged in the sewage of the sewage treatment plant.

In the event that the concentration of water pollutants in sewage discharged from a sewage treatment plant exceeds the permissible discharge level, the Defendant conspired to undergo an internal audit by the Corporation, to undergo a work evaluation or personnel inspection by the former worker working at the M Sewage treatment plant, and to have an adverse impact on the performance rate to be paid by all employees of the Busan Environmental Authority, even if the overall management reputation of the Corporation is likely to have an adverse impact on the performance rate to be paid by all employees of the Corporation. As such, the Defendant conspired to allow the Korea Environmental Management Corporation to transmit the TPP measurement value lower than the actual water pollutants concentration by arbitrarily manipulatinging the utilization value of TR to the employees on duty, including N who work in the daytime and night shifts, and to automatically measuring the concentration of water pollutants in the discharged sewage to exceed the permissible discharge level.

Around June 29, 2013, N in accordance with the above public offering, while working on duty in the above ML terminal located in Busan, Busan around June 29, 2013, N measured the total nitrogen (T-N)’s concentration in discharged water by 19.1mg/L, and N in the same group P, Q, and decided to reduce the value of TM’s paid value. N in line with the numerical change in the Gracu control room, and P and Q, upon entering the TM room through the entrance installed by the KOG, automatically transmitted the records to the Korea Environment Corporation control center, there is concern that entry to operate TMs is likely to be a carbon, and that it arbitrarily applied to the PY’s operation by hand, and that it arbitrarily applied to 30 days from the time it arbitrarily applied to 30/70 days from the time it was measured to 370 days from the date it was measured to 370 days from the date it was measured to 370 days from the date it was arbitrarily applied to 3700 days from the date of such m.

Accordingly, the Defendant intentionally prepared the result of measurement by inviting 13 workers on duty, including N, P, Q, etc., in collusion with 13 persons on duty listed in the list of crimes.

3. Defendant D

The Defendant is a person who served as the director in charge of the management of sewage of discharged sewage from August 1, 2013 to December 31, 2014 and actually took overall control of the water quality management affairs of discharged sewage at the relevant sewage treatment plant.

No person shall intentionally fail to operate tms or fail to conduct a normal measurement, or prepare false measurement results.

Nevertheless, as described in Paragraph 2, in the event that there is a concern for automatically measuring the concentration of water pollutants in discharged sewage with workers on duty, such as R on duty, who work in the day and night shifts in the same reason as described in Section 2, and in the event that the automatically measuring the concentration of water pollutants in discharged sewage is likely to exceed the permissible discharge level, the TPP measured value, which is lower than the actual concentration of water pollutants, was planned to be transmitted to the Korea Environment Corporation Control Center.

Around November 2, 2013, R had worked on duty within the above MM sewage treatment plant located in Busan around November 2, 2013, as the total nitrogen (T-N)’s density measured by 17.22mg/L, and R had decided to lower the value of TM’s paid value by using the same worker S and T with the same worker. From 17.2m/L to 200m/L, R observed the numerical change in the Gu control room among them, and S and T have access to TM room by using the entrance with the license, if access to the KM room was automatically transmitted to the Korea Environment Corporation, the entry in order to manipulate it into the KM control center is likely to cause concern that it had access to automatically, thereby preventing the operation of the SM license by hand, and tM from 200 to 30m/4m from 20 on its own discretion, 30m/4m from 20 on the following 30m/4m of mm.

As a result, the Defendant conspired with 17 workers on duty listed in the list 3 of crimes, such as R, S, T, etc. to prevent the normal measurement of Tms on purpose, and prepared false measurement results.

4. Defendant E.

From January 2, 2013 to August 31, 2014, the Defendant is a person working as a director in charge of the management of discharged sewage at a public sewage treatment plant under the Busan Environment Corporation and has actually overall control over the water quality of discharged sewage.

No person shall intentionally fail to operate tms or fail to conduct a normal measurement, or prepare false measurement results.

On the other hand, at the final outlet of the sewage treatment plant, Tms are attached to the final outlet of the sewage treatment plant, to analyze and measure the concentration of water pollutants contained in the sewage automatically and to automatically transmit the measured value for each time period to the Control Center of the National Environmental Authority. Unless there are special circumstances such as Tms malfunction operation, the Korea Environment Corporation uses the measured value transmitted as above as administrative data to determine whether the measured value exceeds the permissible discharge level by deeming it as the concentration of water pollutants in sewage discharged from the sewage treatment plant as the concentration of water pollutants in the sewage treatment plant.

The Defendant conspired to allow the Korea Environment Management Center to transmit the TPP measurement value lower than the actual concentration of water pollutants to the workers on duty, such as V, who work in turn and night shifts, and to automatically measure the concentration of water pollutants in discharged sewage, in the event that the concentration of water pollutants in discharged sewage exceeds the permissible discharge level, the Defendant would be subject to internal audit by the Corporation, and would not undergo a good evaluation or personnel inspection by the former workers working in the U Sewage Treatment Center, and would have an adverse impact on the performance rate to be paid by all employees of the Corporation, even in overall management evaluation by the Busan Environment Management Corporation.

Around September 18, 2013, V, while working on duty in the U Sewage Treatment Center located in Busan, performed work on duty, around September 18, 2013, measured by 17.8m/L the total nitrogen (T-N)’s concentration in discharged water level, thereby lowering the value of Tms by using msphere in the same working group X, X, andY. Accordingly, V observed the numerical change in the central control room, and if X andY enter mphere through the entrance installed with the license, the Korea Environment Corporation automatically transmitted the entry to the control center, resulting in concern that access to the msphere would be sphere, and then arbitrarily fabricated the mphere to msphere through the Tmp window not attached with the license to conceal the entry, and then arbitrarily fabricated the mphere to 203m/4.25m/4m25m2, including the aforementioned mphere mphere value by mp.

Accordingly, the Defendant intentionally prepared the result of measurement by inviting 18 workers on duty listed in the list of crimes, such as V, X, and Y, to ensure that the normal measurement of Tms is not conducted, in collusion with 18 persons.

Summary of Evidence

1. Defendants’ legal statement

1. The legal statement of the witness Z; 1. AA, AB, AC, AD, Y, X, V, K, S, C, T, AF, AG, AH, AI, AJ, AL, Am, AM, AO, AP, P, N, AP, Q, AS, AS, ATS, ATS, AU, AV, AX, BAZ, BB, BC, BD, B, B, BG, and B;

1. Each prosecutor's protocol of statement concerning BI, BJ,K, AS, and BL;

1. Records of seizure by the police and the prosecution;

1. A written request for disposition of audit results, details of changes in the sewage treatment place, details of changes in the sewage treatment place, and photographs on each site; 1. Each investigation report (No. 48, 74, 75, 80, 82, 84, 86, 88, 91, 93, 101, 102, 106 through 119, 123, 125, 126, 126, 138, 167, 172, 173, 175, 178, 205)

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

Article 76 subparag. 5 of the Water Quality and Aquatic Ecosystem Conservation Act, Article 38-3(1)1 and 3 of the Criminal Act, Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Special Considerations favorable to the Defendants among the reasons for sentencing below)

With respect to their sentencing, as the water-quality pollutants concentration level level has been significantly strengthened without improvement of the sewage treatment plant facilities of 3 (H, U, and M) out of the 13 sewage treatment plants in Busan, the Defendants’ efforts have led to a situation in which it is impossible to satisfy the strengthened standards within the existing facilities despite the Defendants’ efforts. Accordingly, each sewage treatment plant is at the risk of being subjected to an administrative disposition such as improvement order and a fine for negligence (3 million won when one is discovered, 5 million won when two is discovered) as well as the management evaluation of the Corporation has been adversely affected, and thus, the sewage treatment plant manager should take into account this situation as it prevents the above illegal act.

However, each of the crimes of this case appears to have violated the automatic water quality measurement business on a regular basis beyond the responsibilities of the defendants to manage the automatic water quality measurement so that the water quality measurement can be performed in a normal manner, and the strengthening of the permissible level of water quality pollutants is made in accordance with the formation of a consensus on the changes in social perception about the environment and the expansion of the protection of the natural environment. However, it is inconsistent with the social consensus formed by the ombudsman that caused the reverse effect of the improvement of water pollutants to arbitrarily alter the pollution level by operating the measuring apparatus, and if the defendants knew of the possible measures such as improving the water quality by accurately understanding the risk signal about the water quality quality, it is likely that the defendants might take measures such as improving the management evaluation and the administrative measures (in accordance with these manipulation, the management evaluation and the organizational transferism to avoid

In light of the fact that the act of this case, which operated the measuring instrument by going beyond the window due to the management evaluation, is difficult to receive a vindication, there is a need for a strict punishment in order to prevent the repetition of the same act in the future.

On the other hand, most of the Defendants (excluding those subject to partial fines) have no special criminal history, and even if there were no special improvement measures as claimed by the Defendants, it appears that they committed this case as the permissible level of water-quality pollutants is increased (limited to an erroneous choice). Although the Defendants did not have the power to control pollutants, they have made efforts to manage wastewater from time to time, such as checking the situation of wastewater discharge or requesting administrative agencies to regulate pollutants, and have been faithfully working at each sewage treatment plant during that period. However, each of the crimes of this case has been prevented, the Defendants are punished as ordered in consideration of all the circumstances, such as the fact that they lose their work according to the result of each of the crimes of this case, and their mistake is divided in depth regardless of the circumstances.

Judges Shin Jae-chul