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(영문) 서울동부지방법원 2017.08.10 2017노166
폐기물관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Defendant A, a field manager of Defendant B Co., Ltd., buried wastes.

2. Summary of the facts charged

(a) No person who has obtained permission, approval, or reporting pursuant to the Waste Management Act shall reclaim wastes in any place other than waste disposal facilities;

Defendant

A, as a site warden of B, conducting the building demolition business, etc., entrusted by G Co., Ltd. with the removal of buildings, such as the H-day factories, research institutes, etc. located in Suwon-si, Suwon-si, from the end of December 2010 to the end of January 201, A performed the removal work of the building located in Dong I and J land (hereinafter “instant land”) located in the same Dong I and J (hereinafter “instant building”), and buried waste of approximately KRW 7,294 tons of waste concrete, waste bricks, waste soil and stone, etc. (hereinafter “the instant waste”) generated in the process, without going through the process of removing waste from waste disposal companies.

Accordingly, Defendant A buried industrial wastes at a place other than waste disposal facilities permitted, approved, or reported.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was a company engaged in the business of removing buildings, etc., and buried industrial wastes in a place other than waste disposal facilities permitted, approved, or reported by A, an employee at the site of interest.

3. The lower court’s determination is insufficient to recognize that Defendant A buried wastes only with the evidence presented by the prosecutor.

In light of the above, the Defendants were acquitted.

4. Determination on whether a deliberation was made

A. The following facts can be acknowledged according to the evidence adopted and examined by the lower court and the trial court.

1) G Co., Ltd (hereinafter “G”) establishes the instant land for real estate development around December 2008.

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