The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendants guilty of all the charges of this case on the following grounds: (a) although it is possible for the Defendant to recycle waste drinking materials produced by the Defendant into D (hereinafter “D”) for banking in accordance with Article 5-2 subparag. 26 of the Enforcement Rule of the Waste Management Act, the lower court determined that the Defendants should be buried in the management-type landfill because the recycling method is not provided for in Article 5-2 subparag. 2 of the said attached Table in the case of the remaining waste drinking materials after examining whether the Defendant’s waste drinking materials could be recycled for banking in accordance with Article 5-2 subparag. 26 of the Enforcement Rule of the Waste Management Act.

Therefore, the court below erred by misapprehending the above facts.

B. The Ministry of Environment or the competent administrative agency did not distinguish between the main body located in the chemical shop and the main body located in the chemical shop before the amendment of the Enforcement Rule of the Waste Management Act on July 21, 2016. Since the administrative guidance or guidelines were in no way available, the Defendant did not know of the distinction between the main body located in the chemical shop and the main body located in the chemical shop, and thus, the Defendant did not have any awareness of illegality. The punishment of the Defendant as a violation of the Waste Management Act violates the principle of prohibition of retroactive effect and the principle of clarity in light of the statutory principle of crime.

In addition, since the defendant's chemical substance located in D's chemical substance is a substance that has ceased to be discarded due to removal of harmful substances, it is difficult to view it as a waste chemical substance.

Nevertheless, the lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of all the charges of this case.

2. Determination

A. (1) Determination as to the assertion of misunderstanding the facts - The former Enforcement Rule of the Waste Management Act (amended by Ordinance of the Ministry of Environment No. 508, May 31, 2013) [Attachment 5-2] - The standards for recycling wastes and the specific methods of recycling wastes

2. Recycling of industrial wastes, other than designated wastes, for the re-upup of and support for construction and civil engineering works, the re-up of the studios of roads, and soil of landfill facilities;