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(영문) 의정부지방법원 2018.04.18 2018고정101

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation but engaged in waste treatment business in his/her place of business, such as Socheon-gun B.

The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who treats wastes to take necessary measures, such as change of the method of disposal of wastes, disposal of wastes, etc., within a specified period, when wastes under the Wastes Control Act are disposed of or buried in a manner that fails to meet the standards for waste treatment, and

Nevertheless, the Defendant failed to comply with an order to take measures, without justifiable grounds, against an act of failing to dispose of wastes from a place of business illegally dumped from November 2015 to December 201 of the same year, upon receipt of an order from the office of the competent authority to dispose of such wastes by January 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement on the progress of accusation cases;

1. Application of administrative notification-related Acts and subordinate statutes;

1. Article 65 of the relevant Act concerning facts constituting an offense and Articles 65 subparagraph 23 and 48 of the Waste Management Act that choose a penalty;

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;