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(영문) 부산지방법원 2017.08.10 2017고정1160

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is the owner of land and building in Busan-gu C.

1. Even if a person who buried industrial wastes is prohibited from reclaiming industrial wastes at a place, other than a waste disposal facility permitted, approved, or reported, the Defendant buried waste at the place, other than a waste disposal facility, about 100 kmg of waste asbestos, which is a place of business (designated waste) while engaging in flating work on the floor of a factory building, around September 2016.

2. Where any person who intends to reclaim wastes intends to reclaim wastes in accordance with the standards and methods prescribed by Presidential Decree, he/she shall install facilities for cutting off water-flow and collecting water, and tanks for regulating the volume of water generated from the leakage of water and gas, and dispose of wastes at a landfill facility equipped with gas incineration facilities or power generation and fuel-making disposal facilities, but the Defendant buried approximately 100 gg of daily wastes at the same place, which is not a landfill facility, in order to prevent contamination in the surrounding environment due to the leakage of water and gas;

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (reasonable disposal of wastes for reclamation);

1. Article 63 of the relevant Act concerning facts constituting an offense, subparagraph 2 of Article 63 of the Waste Management Act, Article 68 (2) of the Alternative Waste Management Act (the point of waste reclamation in a place other than waste disposal facilities), Articles 65 subparagraph 1 and 13 of the Waste Management Act (the point of violation of standards for waste disposal), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;