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(영문) 울산지방법원 2018.04.17 2017고정926

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation D with the purpose of the final waste disposal business (construction waste reclamation business) other than designated in Ulsan-gun, Ulsan-gun.

A person who has obtained permission for a final waste disposal business which is a waste disposal facility shall maintain and manage the facility in accordance with the management standards prescribed by Ordinance of the Ministry of Environment, and where he/she manages the facility not in compliance with the management standards, he/she may order improvement of the facility within a period prescribed by Ordinance of the Ministry of Environment, as prescribed by Ordinance of the Ministry of Environment, and the waste disposal business

Nevertheless, the Defendant, on November 4, 2016, failed to comply with the improvement order even after receiving the improvement order, in order to manage the function of excellent exclusion facilities around the waste reclamation site of the said corporation D from Ulsan Metropolitan City to February 28, 2017, in a manner that the function of the excellent exclusion facilities around the above corporation D’s office is maintained normally, and the retaining wall and embankment are maintained structural stability.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. All on-site photographs;

1. A statement of business trip (matters to confirm violations), a business trip report (verification of non-compliance with an order for improvement), a re-promotion of the implementation of an order for improvement of waste disposal facilities, a statement of urging the implementation of improvement measures following the violation of the Waste Management Act, an order for administrative disposition, a certificate of confirmation, a copy of a permit for final waste disposal business, a compliance with the order for improvement of

1. Application of Acts and subordinate statutes to each investigation report (verification of whether an improvement order for public health has been complied with, review of suspicions of failing to comply with the order for improvement of the waste disposal facilities, and final verification of whether

1. Article 65 subparagraph 20 of the Wastes Management Act and Article 31 (4) of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.