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(영문) 의정부지방법원 2018.02.08 2017고단5481
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant engaged in waste collection and transportation business in the name of “G” in both weeks, namely, C, D, E, and F.

[2017 Highest 5481]

1. Every waste treatment business operator shall keep wastes in storage facilities in the permitted place of business, such as temporary storage facilities approved, or other appropriate storage facilities, as prescribed by Ordinance of the Ministry of Environment;

around June 2017, the Defendant kept approximately 4,738 tons of waste, such as waste synthetic resin, waste plastics, and waste wood, despite that the said place of business was not a storage facility permitted to store waste.

[2018 Highest 164]

2. G operated by the Defendant for the period of business suspension is subject to the business suspension of one month from July 4, 2017 to August 3, 2017 on the ground of the violation of the code of practice for waste collection and transportation business from the Yangju market.

A. On July 18, 2017, the Defendant transported approximately 1.25 tons of the waste synthetic resin of J Co., Ltd. to I at the same time in Yangju-si, Yangju-si.

B. On July 31, 2017, the Defendant transported approximately KRW 0.97 tons of the waste synthetic resin of M Co., Ltd. to the same time from K at Yangju-si.

(c)

On August 1, 2017, the Defendant transported approximately 1.12 tons of the waste synthetic resin of CO to the same city from N in Yangju-si.

3. Where wastes are disposed of not in compliance with the standards and methods prescribed by Presidential Decree, the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order the person who disposed of such wastes to take necessary measures, such as change of the method of disposal of wastes, suspension of the disposal of wastes, etc. within a fixed period, and the person in receipt of such

Nevertheless, around June 29, 2017, the Defendant issued an order to take measures on the two main markets to the effect that “the removal measures shall be taken until August 22, 2017 with respect to 4,738 tons of wastes, such as waste synthetic resin neglected to D, E, and F in Yangju-si.”

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