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(영문) 청주지방법원 제천지원 2014.07.24 2013고단732

폐기물관리법위반

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 30,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B who is the final waste disposal business company located in Incheon City.

[2013 Highest 732] The upper pente facility of a waste landfill installed by the Defendants in Ycheon-si (hereinafter referred to as the “Feam Sea,” hereinafter) was collapseed due to the storming of snow according to the snow theory on December 8, 2012.

1. Where the installation, maintenance, or management of waste disposal facilities fails to meet the standards for installation and management under the Wastes Control Act, the Minister of Environment may order the person who installs and operates such facilities to improve the facilities within a fixed period, and no one shall comply with such improvement order;

A. On December 12, 2012, the Minister of Environment: (a) determined that the collapse of the above-mentioned roof facilities installed by the Defendant flows out of the landfill facility; and accordingly, there is concern that the wastes flow out into the outside of the landfill facility; and (b) ordered the Defendant to improve the above-mentioned facilities by restoring the facility to its original state by January 10, 2013; and (c) extended the period of implementation of the improvement order on January 11, 2013 to February 13, 2013 at the Defendant’s request.

Nevertheless, the Defendant did not comply with the above improvement order by February 13, 2013.

B. The Minister of Environment on March 13, 2013.

Under the same judgment as described in the paragraph, the defendant ordered the improvement of the facility in the same way until March 29, 2013.

Nevertheless, the Defendant did not comply with the above improvement order until March 29, 2013.

(c) On December 12, 2012, the Minister of Environment: (a) install facilities for the collection of landfill gases and facilities for measuring the level of water from the collection thereof; (b) comply with the standards for the level of water from the water from landfill facilities; and (c) install barriers to the water from the water surface of groundwater.

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