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(영문) 창원지방법원 2014.04.18 2014고정186

폐기물관리법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant, who failed to comply with an order to take measures, has been engaged in the waste recycling intermediate business in Kimhae-si C with the permission from the competent authorities.

Where a person who disposes of or recycles wastes stores wastes, he/she shall comply with the standards and methods prescribed by the relevant statutes, such as storing them in storage facilities in the same place of business as the relevant waste disposal facilities or recycling facilities, but the Defendant failed to comply with an order to take measures, even though he/she received an order to take measures, even though he/she was ordered to lawfully dispose of the entire quantity of wastes stored within the permitted place of business, outside the storage facilities, such as outdoor marina and place of business, and thereby illegally stored them

B. While the Defendant, without permission for modification, engaged in interim waste recycling business in Kimhae-si, was running the intermediate waste recycling business, on August 17, 2013, the Defendant engaged in the interim waste recycling business without obtaining permission for modification from the competent authority, notwithstanding the fact that fire occurred in the said place of business and the location of the waste recycling facility was changed, the Defendant engaged in the interim waste recycling business at the changed Kimhae-si D’s recycling facility from September 1, 2013 to October 20, 2013.

2. The Defendant Company B did not comply with the order to take measures without obtaining permission for change as stated in paragraph (1) in relation to the Defendant’s business, at the time, place, and the representative of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. Each accusation (including attached documents);

1. A written statement of public official in charge;

1. Requests for the performance of an order to take measures, such as a statement of business trip;

1. On-site photographs;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to a investigation report (including a statement of telephone listening and on-site confirmation);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 65 Subparag. 4 and Article 25 of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014; hereinafter the same).