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(영문) 울산지방법원 2015.01.23 2014고정1711

폐기물관리법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of intermediate waste disposal business in Ulsan Nam-gu, and the defendant A is the representative director of the corporation B.

1. While Defendant A was engaged in a business with a verification of a waste disposal plan with a monthly average of 3 tons in the environmental management department of Ulsan-gu Office, Defendant A discharged waste paint 5.94 tons of the monthly average of 5.94 tons from September 1, 2013 to June 2014, including discharging waste paint 92 percent of the waste disposal plan as confirmed at the time of inspection by the Environmental Management department of the Nam-gu Office, without submitting documents related to changes in the waste disposal plan and obtaining confirmation of changes in the plan if the average average volume of designated wastes increased by 30 percent or more based on the annual waste discharged for the preceding year for the preceding year.

2. Defendant B, the representative, Defendant B, at the same time and place as described in paragraph (1), discharged waste paints as described in paragraph (1) without obtaining confirmation on modification of the waste disposal plan due to the increase in the volume of designated wastes discharged from Defendant B’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Certificates of confirmation of waste treatment plans;

1. Investigation report (attaching all certificates of matters registered as a corporation);

1. Application of Acts and subordinate statutes to investigation reports (attached details of discharging and treating waste paints);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 67, 66 subparagraph 4, and 17 (4) of the Wastes Control Act;

(b) Defendant B: Article 66 subparag. 4 and Article 17(4) of the Wastes Control Act (Selection of Fines)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;