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(영문) 대구지방법원 서부지원 2016.09.23 2015고정1051

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative director of the Dispute Resolution D who carries on the business of manufacturing animal feed and prepared food in Seongbuk-gun C.

Any person who intends to dispose of wastes shall properly dispose of such wastes in accordance with the standards and methods prescribed by Presidential Decree, and in particular, every person shall properly dispose of residuess from the disposal of food wastes by flowing them into facilities, etc. for the treatment of water from waste reclamation facilities so as not to pollute the surrounding environment.

Nevertheless, on September 13:00 on September 7, 2015, the Defendant recycled food wastes in the Defendant’s place of business in Seongbuk-gun, Sung-gun, Sung-gun, in order to properly treat the drinking water generated in the course of producing animal drinking (food feed) to an external entrusting company by recycling them, the Defendant contaminated the surrounding soil by discharging approximately 14 tons of the drinking water that had been kept in storage due to excessive pressure on the tank valve connected to the valve while being kept in a temporary tank (10 cubic meters x 2 x 300 square meters).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written accusation (a letter of business trip, on-site photograph);

1. Application of Acts and subordinate statutes stating the results of water quality testing;

1. Subparagraph 1 of Article 66 of the Wastes Management Act and Article 13 (1) of the same Act concerning facts constituting an offense;

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;