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(영문) 청주지방법원 2018.10.25 2018고단1300

폐기물관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 2,00,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a regular manager of a cooperative B, who takes overall charge of business affairs, such as economy, credit, planning, and management.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from a Mayor/Do Governor for each type of business, waste subject to business, and waste treatment, equipped with facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment, within two years from the date he/she is notified of the conformity, after submitting a waste treatment project plan to the Mayor

Nevertheless, the Defendant recycled to 831.94 tons of vegetable residuess (vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetables)

Accordingly, the Defendant did not obtain a license for the waste disposal business (general recycling business) from the competent authorities while recycling wastes.

2. Defendant B is a corporation established with the aim of improving the economic, social, and cultural status of its members by enhancing the agricultural productivity of its members and promoting the expansion and facilitation of the distribution of markets for agricultural products produced by its members and providing its members with technology, funds, materials, information, etc.

Defendant A, the executive director of Defendant A, at the time and place set forth in the above paragraph 1, committed the same violation as described in the above paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A certificate;

1. Business registration certificate, current status of division of duties of employees, photographic land and certificate of employment;

1. Application of Acts and subordinate statutes to a report on investigation (report on volume of waste treatment);

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 64 Subparag. 5 and Article 25 Subparag. 3 of the Waste Management Act; selection of fines

B. Defendant B cooperative: