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(영문) 수원지방법원 2017.07.19 2017고단1284

폐기물관리법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant A, on December 31, 2010, issued a summary order of KRW 3 million for a violation of the Waste Management Act with respect to support for the collection of waste synthetic resin and distribution of waste water sources on December 31, 2010. On June 19, 2013, Defendant A was sentenced to a fine of KRW 7 million for a violation of the Waste Management Act. Defendant B is the representative of Defendant B, a corporation established for the purpose of collecting waste synthetic resin and selling waste. Defendant B is a waste disposal business entity that obtained permission for interim recycling business.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

1. The Defendant, from around December 2016 to January 10, 2017, stored approximately 300 tons of waste synthetic resin (waste entrusted within the said stock company) in a place other than the storage facility permitted.

2. Defendant B, at the time and place specified in paragraph (1), committed the same offense as that described in paragraph (1) by a representative, who is a representative, in relation to the Defendant’s business.

"2017 Highest 3270"

1. The Minister of Environment or the Mayor/Do Governor shall order a waste treatment business entity that violates the Waste Management Act to dispose of wastes in custody within a specified period, and the waste treatment business entity shall comply with an order issued by the competent authority to dispose of wastes;

Nevertheless, around January 10, 2017, the Defendant, at the foregoing Co., Ltd. around January 10, 2017, controlled a waste disposal order with the content that he/she stored approximately 300 tons of waste in a quantity other than a waste storage facility, and that he/she properly treated wastes stored in a non-claimed market from January 18, 2017 to April 7, 2017, but failed to comply with the order within a fixed period.

2. The Defendant B, a representative, at the time and place specified in paragraph (1), set forth in paragraph (1) 1.