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(영문) 대법원 2015.01.15 2013도15027

건설폐기물의재활용촉진에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the completion of change in the location of construction waste disposal facilities

A. Prior to the amendment by Act No. 11879, Jun. 12, 2013;

(b) The construction waste management company’s construction waste management company

Article 21 of the former Enforcement Rule of the Construction Waste Recycling Promotion Act (amended by Ordinance of the Ministry of Environment No. 529, Dec. 13, 2013)

(b) Enforcement Rule of the former Construction Waste Act;

A) According to Article 12 of the former Construction Waste Management Business Act, a person who intends to obtain a new construction waste disposal business license shall submit a construction waste disposal business plan to the competent administrative agency and obtain permission from the competent administrative agency after submitting an application for permission for construction waste disposal business with necessary facilities, equipment, place of business, etc. only when he/she is notified that the plan is appropriate. Article 62 Subparag. 1 of the former Construction Waste Management Act provides that “a person who conducts construction waste disposal business without obtaining permission, in violation of Article 21(3).” On the other hand, Article 22(1) of the former Construction Waste Management Act provides that “a person who has obtained a license pursuant to Article 21(3) shall obtain permission for change to the important matters determined by Ordinance of the Ministry of Environment among the matters for which he/she has obtained a license” and Article 13(1) of the former Enforcement Rule of the Construction Waste Management Act provides that “the change of the location of the construction waste disposal facility, etc.” and “construction waste disposal facility, etc. (Article 63 subparag. 4 of the former Construction Waste Act shall be punished.

Article 22 of the former Construction Waste Management Act, in light of the language and content of the relevant statutes, such as the difference between new permission and changed permission procedures, and the difference in the act subject to punishment in case of violation, etc.