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(영문) 창원지방법원 밀양지원 2017.04.13 2016고정259

폐기물관리법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of B's land at the fast time.

The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may, when he/she treats wastes in a manner that does not comply with the standards and methods for disposal of wastes under the Wastes Control Act or the principles for recycling wastes and matters to be observed, or when he/she has disposed of or reclaimed wastes in violation of such Act, order the owner of the land to take necessary measures, such as change of methods of disposal of wastes, suspension of disposal of wastes, bringing them into the land, etc

Nevertheless, from August 2, 2016 to October 14, 2016, the Defendant failed to comply with an administrative disposition (order for disposal) to order a waste treatment business entity that has obtained permission for the whole quantity of waste discharged from a place of business, such as waste synthetic resin, located on the said land, to entrust the disposal of the entire quantity of waste discharged from the waste treatment business entity (the period of an order for disposal: from August 2, 2016 to August 31, 2016), and the second (the period of an order for disposal: the period of an order for disposal: the period of notification from September 7 to September 30, 2016).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The order for administrative disposition;

1. Application of statutes on site photographs;

1. Article 65 of the relevant Act concerning facts constituting an offense, Article 65 of the Waste Management Act and Articles 65 subparagraph 23 and 48 of the same Act, and selection of fines;

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;