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(영문) 부산지방법원 2014.01.24 2013노3566

폐기물관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant embling wastes in an area other than the business area at the time of obtaining permission for waste recycling business falls under “the change of the purpose or method of recycling” or “the change of the location or business area of the waste recycling facility or the change of the business area,” and thus, the judgment below

2. According to the statement in the certificate of report on waste recycling issued by the Administrator of the Busan and Jinhae Free Economic Zone Authority on whether the Defendant embling of wastes constitutes a change in the purpose or method of recycling, the Defendant can be found to have obtained a license for a comprehensive waste recycling business by removing the wastes from the pre-sale facility in combination with general soil and sand and then recycling is recognized. Thus, the Defendant embling of wastes in another area other than the business area at the time of the permission does not constitute a change in the above purpose and method.

Next, according to the above report certificate as to whether filling of wastes in an area other than a business area at the time of permission constitutes a change in the location of a waste recycling facility, the Defendant is recognized as having obtained permission at the time of the above permission, but the facts charged in this case are not changed in the location of the waste recycling facility but filled up at another area outside the jurisdiction of the head of the Busan High Sea Free Economic Zone Authority, which is the permission-granting authority, and thus does not constitute a change in the location of the recycling facility.

Finally, the article 25 (11) of the Wastes Control Act provides that a person who has obtained a license for a waste disposal business is an important matter as prescribed by the Ordinance of the Ministry of Environment.