폐기물관리법위반
1. The defendant shall be punished by a fine of two million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
Any person who is ordered by the competent authority to take necessary measures, such as waste treatment, shall implement such measures.
While the Defendant was ordered to take measures from the racing market around May 13, 2019 to July 12, 2019 to order the effect that he “a proper disposal of waste of approximately 400 tons, which is in an improper storage of at least KRW 400 tons,” the Defendant did not properly dispose of the said waste until July 12, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. A written accusation;
1. Written statements of D;
1. The Defendant asserts that prior notice of disposal (E) pursuant to the Wastes Control Act (the subject matter of the order to take measures does not constitute wastes prescribed by the Wastes Control Act. However, pursuant to Article 2 of the Wastes Control Act, the term "waste" means any substance that is no longer necessary for human life or business activities, such as garbage, burning materials, sludge, waste oil, waste eggs, animal carcasses, etc. (Article 1). The term "industrial waste" means any waste generated from any place of business that installs and operates emission facilities pursuant to the Clean Air Conservation Act, the Water Environment Conservation Act, or the Noise and Vibration Control Act, or any other place of business prescribed by Presidential Decree ( subparagraph 3). Article 2-2 of the same Act provides that detailed classification of the types, components, hazard, etc. of wastes shall be determined by Ordinance of the Ministry of Environment in consideration of the source of waste generation, composition, hazard, etc., and attached Table 4 of the Enforcement Rule of the Wastes Control Act delegated by the Act. Accordingly, the Defendant's assertion that it constitutes a prescribed waste in the above Act shall not be accepted.
1. Failure to comply with the proper treatment order and fines pursuant to Article 65 subparagraph 23 of the Wastes Control Act and Article 48 of the Act on the Punishment, etc. of Specific Crimes;