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(영문) 창원지방법원 거창지원 2013.11.20 2013고정64
폐기물관리법위반등
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of B Co., Ltd. located in Gyeongcheon-gun Group E, and Defendant B Co., Ltd is a corporation established for the purpose of producing refined oil using waste synthetic resin.

1. Defendant A

(a) To install waste disposal facilities by a person other than those who have obtained or intend to obtain permission from the Minister of Environment;

Nevertheless, the Defendant installed waste disposal facilities without obtaining permission for waste disposal business and approval for installation of waste disposal facilities, and operated waste disposal facilities on five occasions from October 2012 to January 2013, such as using waste synthetic resin and manufacturing refined oil.

(b) Any person who intends to install a emission facility of air pollutants generated from the manufacturing factory described in the above paragraph (a) shall obtain permission from the Minister of Environment or report it to the Minister of Environment

Nevertheless, the Defendant, without reporting it, operated the operation by using discharge facilities over five times as above.

2. Defendant B, a representative of the Defendant, installed waste disposal facilities on five occasions as set forth in paragraph (1) above with respect to the Defendant’s business, and operated the above facilities on five occasions without permission or reporting by the Minister of Environment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Testimony in this Court by the witness F;

1. Application of Acts and subordinate statutes to a written accusation;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 6 of Article 65 of the Wastes Control Act, the main sentence of Article 29(2) of the Wastes Control Act (the point of installation of unregistered waste disposal facilities), Article 90 subparagraph 1 of the Clean Air Conservation Act, and Article 23(1) of the Clean Air Conservation Act (the point of operation using unreported waste

B. Defendant B corporation: the main sentence of Article 67 of the Wastes Control Act, Article 65 subparag. 6 of the Act, the main sentence of Article 29(2) of the Act (a point where waste disposal facilities are installed) and Article 95 of the Clean Air Conservation Act.

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