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(영문) 광주지방법원 목포지원 2012.08.13 2012고정17

폐기물관리법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant, as a director of the Co., Ltd., is a field agent for the construction of a scrapped site conducted by the said Co., Ltd. in Korea-U.D.

No person may reclaim commercial wastes at a place other than a waste disposal facility permitted, approved, or reported under the Wastes Control Act, but around November 6, 2009, the Defendant buried waste concrete 30 tons of waste concrete, a commercial waste generated in the course of removing the site preparation work site for the judition site, and the existing retaining wall on the land located in the same Ri E adjacent to the D forest (hereinafter “the retaining wall of this case”) (hereinafter “the retaining wall of this case”), and buried waste to F, at the same time.

(2) The Defendant’s assertion was based on the following facts: (a) on November 8, 2009, the Defendant entrusted the construction of the instant site to G who contracted and performed the construction work; and (b) the Defendant did not instruct F to reclaim waste concrete as stated in the facts charged; and (c) around November 1, 2009, the Defendant buried waste concrete to F only after H filed a civil petition for the instant illegal reclamation with the U.S. Military Office; and (d) around November 2009, the Defendant buried waste concrete to F at the site of the instant site construction work.

Judgment

1. The following facts are acknowledged according to the evidence adopted and examined by this court.

The defendant is a director of C, who is a field agent of construction work for the jumal site development project conducted by the above company in the land for the junan-gun D Forest.

On March 18, 2009, C obtained permission from the Gun in Yeongan-Gun to engage in development activities (land form and quality change) for the purpose of permission, such as “5,354 square meters among D forest land in Jeonnam-Gun,” “the creation of a site for automobile-related facilities (vehicle)” and “the period of permission from March 18, 2009 to February 28, 2010.” On September 28, 2009, C ordered G to enter into a contract for the part of the construction of the above site, which is part of the construction of the ground.

At the time, the removal of the retaining wall of this case is the contract.

참조조문