폐기물관리법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant has installed waste synthetic resin, etc., which is industrial wastes with classification numbers for each category of industrial wastes, and has failed to obtain permission from the Mayor/Do Governor, while conducting interim treatment and providing the final recycling enterprise with waste treatment business;
2. Determination
(a) A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes (hereinafter referred to as "waste disposal business") (excluding a person who intends to recycle domestic wastes, excluding food wastes, and a person who reports on waste disposal) shall obtain permission from the Mayor/Do Governor (in the case of designated wastes, Article 25 (1) through (3) of the Wastes Control Act). The term "domestic wastes" means wastes, other than industrial wastes (Article 2 subparagraph 2 of the same Act), the term "industrial wastes" means wastes generated from any place of business that installs and operates emission facilities, in accordance with the Clean Air Conservation Act, the Water Quality and Ecosystem Conservation Act
(paragraph 3 of the same Article). (b)
Although Article 2-2 of the Enforcement Rule of the Wastes Control Act grants a classification number for each category of commercial wastes to the waste synthetic resin, this is the number assigned to the waste synthetic resin generated from the foregoing workplace as above, that is, it is the number assigned to the waste synthetic resin generated from the workplace and the entire kind of goods given the same number to the waste is not the industrial wastes.
In addition, Article 25 (5) of the same Act provides for classification of the waste disposal business and the contents of the business, but such classification of the business and the contents of the business among the waste disposal business is distinguished, and even if the business is operated under the above provision, it does not constitute the waste disposal business if it falls under the excluded objects.
C. The court below duly adopted and examined the case.