[자원의절약과재활용촉진에관한법률위반][미간행]
In a case where a person who manufactures films used as raw materials of plastic tapes connected to industrial use fails to comply with an order to submit data on the delivery record and exceeds the time limit, the case affirming the judgment below which acquitted him of violation of Article 39 of the Act on the Promotion of Saving and Recycling of Resources on the ground that according to Article 10 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources, which was amended by Presidential Decree No. 19971 on March 27, 2007, the film is not a final product distributed to consumers, and as long as no separate transitional provision exists, it is excluded from the subject of imposition of waste charges and the principle of application of the law at the time of the act under Article 1(1) of the Criminal Act is applied.
Articles 12, 36, and 39 of the Act on the Promotion of Saving and Recycling of Resources; Article 10 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources (amended by Presidential Decree No. 19971, Mar. 27, 2007)
Defendant 1 and one other
Prosecutor
Daegu District Court Decision 2009No86 Decided April 16, 2009
All appeals are dismissed.
The grounds of appeal are examined.
According to the reasoning of the judgment below, pursuant to Article 10 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources as amended by Presidential Decree No. 1971 on March 27, 2007 (hereinafter "the Enforcement Decree of the Act prior to the amendment"), products manufactured by the defendants are not products in the final stage of distribution in the market for sale to consumers as raw materials of plastic tape. Thus, products are not subject to waste charges because they are not products in the final stage of distribution in the market for sale to consumers. Meanwhile, Article 10 of the Enforcement Decree of the Act does not stipulate transitional provisions in the Enforcement Decree after the amendment. Thus, unless there are transitional provisions in the Enforcement Decree of the Act, the principle of application of the Act on the Promotion of Saving and Recycling of Resources as amended by Presidential Decree No. 19971, the Enforcement Decree of the Act was enforced after the amendment without complying with the order to submit data on the delivery record, and it does not constitute an unlawful determination that the Defendants were not subject to the order for submission of waste charges from 20 years prior to the amendment of the Enforcement Decree.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-ran (Presiding Justice)