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(영문) 대구지방법원 2016.11.18 2016고정1031
폐기물관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged C is a corporation established for the purpose of waste collection and transportation business, which is a person who operates a waste collection and transportation vehicle belonging to the Daegu Dong-gu, the defendant D, and the defendant is a corporation.

A domestic waste collection and transportation business entity may not handle wastes generated at the place of business that discharges at least five tons of wastes due to a series of construction or work, but C shall be from June 6, 2014 to the same year.

6. Until the end of 17. G-owned housing in Daegu Suwon-gu, collected and transported wastes of the aggregate of 6.60 tons of waste generated while performing interior repair works at the International Office in Daegu H, and the sum of 5.14 tons of waste generated while performing the interior repair works at the International Office in Daegu H, thereby running a business beyond the classification and business scope of the waste management business.

The Defendant committed the above illegal act in relation to the Defendant’s business at the same time and place as above.

2. Determination

A. The applicable provisions to the facts charged in this case are as follows.

The terms used in this Act shall be defined as follows:

1. The term "wastes" means such materials as garbage, burning refuse, sludge, waste oil, waste acid, waste Alcar, and carcasses of animals, which have become no longer useful for human life or business activities;

2. The term "household wastes" means any wastes other than commercial wastes;

3. The term "commercial wastes" means a place of business that installs and operates emission facilities pursuant to the Clean Air Conservation Act, the Water Quality and Aquatic Ecosystem Conservation Act, or the Noise and Vibration Control Act, or any other place of business prescribed by Presidential Decree as defined in subparagraph 3 of Article 2 of the Wastes Control Act (hereinafter referred to as the "Act") means any of the following places of business:

(Articles 1 through 7 omitted)

8. Subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;

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