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(영문) 의정부지방법원 2017.01.12 2016고정1992

폐기물관리법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authorities.

1. Defendant B is the representative director of Defendant A, a stock company in Spocheon-si C.

The Defendant, without obtaining permission from the competent authorities, collected and disposed of wastes by installing one incineration boiler (600 g/H) at the place of business of the said stock company from the early June 2016 to June 30, 2016 at the place of business of the said stock company A, and being provided with approximately 240 km of the waste disposal fiber from D, which was discharged from the wing plant.

2. The Defendant A’s representative director, the Defendant Company A, collected and disposed of wastes without obtaining permission from the competent authorities with respect to the Defendant’s business as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Each statement of E and F;

1. A certified copy of the corporate registry, written confirmation of measurement, emission and preventive facility operation register;

1. Application of statutes on site photographs;

1. Article 67 of the former Waste Management Act (amended by Act No. 13411, Jul. 20, 2015; hereinafter the same shall apply) and Article 64 Subparag. 1, and Article 25(3) of the former Waste Management Act (amended by Act No. 13411, Jul. 20, 2015; hereinafter the same shall apply) Defendant B: Article 64 Subparag. 1 and Article 25(3) of the former Waste Management Act; Selection of fines;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act