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(영문) 인천지방법원 2018.01.26 2016고단8343

폐기물관리법위반

Text

Defendant

Part A, E, F, and G (No. 58 to 67 a year) in the list of offenses in attached Form A.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to six months of imprisonment and two years of suspended execution on May 27, 2016 by the Incheon District Court on May 19, 2016, and the judgment became final and conclusive on May 27, 2016.

[Criminal facts]

1. A person shall not dispose of or reclaim wastes at a place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act, and a person discharging industrial wastes shall report to the competent authority on the waste treatment business operator under the Waste Management Act, and shall report the installation of waste treatment facilities to the competent authority in cases where he/she intends to dispose of wastes by himself/herself, or where he/she intends to dispose of wastes by himself/herself; and “organic sludge” shall be buried in a management-type landfill after the water content does not exceed 85%. In cases of recycling inorganic sludge, he/she shall be mixed at least 50% of the volume of ordinary soil and sand or construction-related waste; in such cases, he/she shall use inorganic sludge only when the water content does not exceed 70%.

The defendant is a director of the company B (representative Q) corporation for the purpose of collecting and producing earth and stone and sand in Seo-gu Incheon P, and the business of collecting and producing aggregate Do and retailing aggregate.

After crushing aggregate at the place of business of the above B Incheon Company B, the Defendant was liable for the ordinary disposal costs of inorganic sludge, which is waste generated during the process of reproduction of sand through damp treatment methods, such as 25 tons of truck 1 ton, consumption of KRW 500,00 or KRW 550,000 per 25 tons of truck, and the costs were reduced and easily treated, and buried at will in neighboring land of the above place of business.

Therefore, the defendant's land is a price for reclaiming sludge illegally taken out from the B business place to the neighboring land.