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(영문) 광주지방법원 2017.10.27 2017고정1358

폐기물관리법위반

Text

1. Defendant A shall be punished by a fine of 1,00,000 won, and Defendant B shall be punished by a fine of 6,00,000 won.

2. The defendant.

Reasons

Punishment of the crime

Defendant

A is a person who works as a regular manager of a limited company B located in Young-gun C, and the defendant limited company B is a corporation established for the purpose of recycling waste.

1. A waste treatment business entity of the defendant shall store wastes in a waste storage place prescribed by Ordinance of the Ministry of Environment, and shall not store wastes in excess of the quantity or period;

On June 28, 2017, he/she kept 700 tons of waste synthetic resin in an open space, which is a place other than storage facilities, in Young-gun Co., Ltd. B, and stored waste in a storage facility with a total of 800 tons of waste, such as storing more than 157.95 tons or 100 tons of waste synthetic resin in the storage facility.

2. Defendant B Company B, a limited liability company, had Defendant A, an employee of the limited liability company, commit the same act as that of the corporation, which is in violation of paragraph (1) above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A written accusation of the number of mining-guns and a certificate of waste permission;

1. Application of Acts and subordinate statutes governing field photographs of violations;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Determination of a fine for negligence under Article 66 subparag. 9, Article 25 subparag. 9(9)1 (a) of the Waste Management Act; Article 66 subparag. 9, and Article 25 subparag. 2 (a) of the Waste Management Act (a person who stores wastes in an unauthorized place) of the Waste Management Act; Article 66 subparag. 9, and Article 25 subparag. 9 of the Waste Management Act

(b) Defendant Limited Company B: the main sentence of Article 67, Article 66 subparag. 9, Article 25(9)1 (a) of the Waste Management Act (a person who has an employee’s custody of wastes in a place where no permission was granted for his/her business), the main sentence of Article 67, Article 66 subparag. 9, and Article 25(9)2 of the Waste Management Act (a person who has an employee stored wastes in excess of the permissible storage quantity in connection with his/her business);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows.