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(영문) 제주지방법원 2013.10.31 2013노385

폐기물관리법위반

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the applicable law, prior to the amendment by Act No. 10389, Jul. 23, 2010

B. Article 2 subparag. 1 of the Act provides that "waste means garbage, burning materials, sludge, waste oil, waste acid, waste acid, and animal carcasses, etc., which have become unnecessary for human life or business activities." Although the absence of this case cannot be deemed to be the same as the wastes listed in the above provision, the lower court determined that the materials that the Defendants disposed of by the Defendants were no longer necessary for business activities, such as FFFF agricultural cooperatives (hereinafter referred to as "FFFFFFC"), etc., and that the materials that were not required for business activities, such as FFFFC, etc., were committed, are obviously erroneous in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment.

2) Article 2 subparag. 3 of the Act provides that "commercial wastes mean industrial wastes generated from places of business with discharging facilities installed and operated in accordance with the Clean Air Conservation Act, the Water Quality and Aquatic Ecosystem Conservation Act, or the Noise and Vibration Control Act, or other places of business determined by Presidential Decree." Article 2 of the Enforcement Decree of the Wastes Control Act provides that "the scope of a place of business is [the scope of a place of business] according to the delegation from such Wastes Control Act. Although low temperature storages by FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFM does not fall under the place of business under the aforementioned provision, the lower court determined that the low temperature storages of FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

2. Determination.