Abstract

Some provisions of the Clean Air Conservation Act were enacted at a time when industrialization was accelerating, so it is difficult to properly reflect the current complex industrial site conditions. In particular, in the case of “the act of mixing clean air with pollutants exhausting from the emission facility to lower the level of pollution when operating the emission facility”, which is prohibited under Article 31 (Operation of emission facilities and prevention facilities), the actor intentionally It can be applied even in situations where it is impossible to confirm whether the purpose is to lower the pollution level and whether the pollution level is actually lowered. This study aims to examine whether the level of pollution actually decreases when clean, unpolluted air is mixed with pollutants generated from emission facilities, thereby confirming the necessity of revising the Clean Air Conservation Act and suggesting directions for the enforcement of related laws.