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(영문) 서울중앙지방법원 2018.11.14 2018고정1104

폐기물관리법위반방조

Text

The defendant shall be innocent.

Reasons

1. The facts charged are the representative director of the company G G in the Kunsan CityF, who is engaged in waste collection and transportation business, and the company G in the limited company G is a corporation established around April 25, 2012 for the main purpose of collecting and transporting commercial wastes, and the defendant is a supervisor of the non-compliance marine purification project ordered by the Korea Marine Environment Management Corporation as a H employee of the Korea Marine Environment Management Corporation, who is in charge of the selection of a disposal company for discharged wastes in the course of the project.

1. Collection and transportation business of wastes: A person who intends to engage in a business of collecting and transporting wastes shall be collected and transported as prescribed by Ordinance of the Ministry of Environment. The Mayor/Do Governor having jurisdiction over the plan for collection and transportation of wastes to be transported shall submit it to the branch of the Do for the permission, and the licensed waste management business entity shall not engage in any business exceeding the classification of the permitted business types and the scope of business contents;

E tried to enter into a contract with the Korea Marine Environment Management Corporation on November 26, 2015 on the collection and transportation of industrial wastes (O) generated from the I business (underwater). However, the Defendant (A) who is an employee of the said Corporation, sought that it is difficult to enter into a contract due to the Defendant (A)’s limited liability company G’s use of discharging facilities (O) as a commercial waste for its business purposes. On November 30, 2015, the case and the J used the K company’s license for the business of disposing of wastes from its place of business, and concluded a contract for the collection and transportation of wastes, as if it were to be collected and transported by K companies with limited liability.

After that, on December 2, 2015, the Defendant received a total of 64.36 tons of industrial waste from non-emergencys discharged at the non-si, Si, Gun, Si, Gun, and Gun, respectively, by using L and M, which is a registered vehicle for the waste disposal business of company G with limited liability, and transport and transfer wastes to the industry, such as dust, which is a waste landfill company located at the Gun, Gun, Si, Gun.