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(영문) 대구지방법원 2017.11.16 2016고단6415

폐기물관리법위반

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged in the instant case is the representative director of Youngcheon City Co., Ltd., Ltd., and a person in charge of overall business such as production, environment, business, etc., and Defendant B is a corporation established for the purpose of processing metal recycling materials.

(a) When a person discharging a place of business that violates the method of entrusting the disposal of designated wastes, he/she shall entrust the disposal of the designated wastes to an enterprise permitted by the Minister of Environment with the facilities, equipment, and technical capabilities in compliance with the standards set by Ordinance of the Ministry of Environment;

Around January 5, 2011, the Defendant disposed of 19,710 kilograms of luminous materials (AS), which are commercial wastes generated in the process of recycling (retailing) at the place of business in B, a corporation, around January 5, 2011. However, although the foregoing luminous materials contain at least 1.5m/liter (AS) designated waste base value, the Defendant, a hazardous substance, conducted a disguised act as a general waste in the place of business by falsely inputting the “definite system,” which is an electronic input program of the Ministry of Environment, as if the foregoing luminous materials are not designated wastes, and then transported the luminous materials to G located in Kimhae-si, without obtaining permission for the designated waste disposal business through the environment for which the waste collection and transportation business is likely to be designated.

In addition, from around that time to October 16, 2015, the Defendant entrusted the disposal of the waste by having G, who did not obtain a license for a designated waste disposal business, recycle a total of 3,381,700 kms over 18 times, as indicated in the List of Crimes (1).

2) Any person who intends to comply with the method of reclaiming designated wastes shall comply with the standards and methods prescribed by Presidential Decree, and treat mineral scrap, which is a designated waste, by means of a stabilization disposal, the use of cement and synthetic compounds, or by any other similar means, or by landfill at a managed landfill facility.