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(영문) 광주지방법원 목포지원 2013.07.18 2013고정71
폐기물관리법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent Mayor/Do Governor.

1. Defendant A, who is in charge of the business of manufacturing organic fertilizers by recycling vegetable residues, was in charge of the purchase of vegetable residues as raw materials and the business related to the environment. Defendant A, without permission from the Mayor/Do Governor from July 2010 to December 2, 201, was manufactured and sold as organic fertilizers through the process of manufacturing approximately 3,077 tons of vegetable residues, imported wastes, at the Hamnam-gun, Inc., Ltd., and from July 201 to December 201, the Mayor/Do Governor.

Accordingly, the Defendant was engaged in recycling of wastes as a business without permission from the Mayor/Do Governor.

2. Defendant B Co., Ltd. and Defendant A, who is an employee of the Defendant, engaged in recycling of wastes without permission from the Mayor/Do Governor regarding the Defendant’s business.

Summary of Evidence

The Defendants’ respective legal statements, confirmations, reports on import of wastes, and work monthly reports [the vegetable residues, such as the instant marina stay, constitutes wastes subject to import declaration, unless there are special circumstances that may substantially fall under fertilizers, in conformity with the former items of fertilizer legal standards (Article 24-2(1) of the Wastes Control Act and Article 24-2(1)7 of the Ministry of Environment’s announcement). A person who has filed an import declaration shall dispose of the imported wastes by himself/herself or by entrusting a person with certain qualifications (Article 24-3(1) of the Wastes Control Act), and a person who intends to engage in the business of recycling wastes, etc. shall obtain permission from the competent Mayor/Do Governor (Article 25(3) of the Wastes Control Act and Article 25(4) of the same Act and Article 25(5) of the same Act, and there is no inspection report, etc. that can be deemed that the vegetable residues stay, such

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