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(영문) 인천지방법원 2020.02.19 2019고단4532

폐기물관리법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Where he/she directly disposes of wastes or permits another person to use his/her own land, the owner of the land disposed of or reclaimed shall take necessary measures, such as disposal of wastes ordered by the competent authority.

The Defendant, from around 200 to around 2005, carried in approximately KRW 2,00 tons of wastes on the site of approximately 431 square meters owned by the Defendant in Seo-gu Incheon, Seo-gu, Incheon. On September 11, 2018, the Defendant issued an order to take measures to dispose of the said wastes by December 10, 2018 from the head of Seo-gu Incheon Metropolitan City, but failed to comply with the order to take measures issued by the competent authority by the said deadline.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Investigation report (related documents for orders to take measures for waste treatment);

1. A written confirmation of violation;

1. Application of Acts and subordinate statutes governing violation photographs;

1. Article 65 of the Wastes Control Act and Articles 65 and 48 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;