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(영문) 대구지방법원 서부지원 2020.07.21 2019고단1884
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2018, the Defendant was sentenced to a fine of KRW 5 million and imprisonment with prison labor for a violation of the Wastes Control Act in the Seo-gu District Court’s Seo-Support on November 21, 2018. The judgment on May 27, 2020 became final and conclusive on May 27, 2020.

【Criminal Facts】

The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who treats wastes not in compliance with the standards and methods of waste treatment or the principles of recycling wastes to take necessary measures, such as disposal of wastes, fixing a period, and the person ordered to take

Around December 2018, the Defendant came to know of the content of an order to take measures issued under the name of the head of Sung-Gun on November 2, 2018, “A appropriately disposed of wastes stored in B by December 31, 2018.” On December 31, 2018, the period for disposal was extended to the Sung-Gun Office by February 28, 2019, and the period for disposal was extended by February 28, 2019.

Around January 17, 2019, the Defendant issued an order to properly treat wastes stored in B by December 31, 2018, but reflected a request for the extension of the processing period, and thereby appropriately treating the wastes within the said site by February 28, 2019, the Defendant failed to comply with the order despite receipt of “the extension of the processing period of the measure order” under the name of the head of Sung-ju Gun on January 2, 2019.

On November 21, 2018, the Defendant was sentenced to a fine of 5 million won and imprisonment with prison labor for a violation of the Wastes Control Act in the Seo-gu District Court’s Seo-Support on November 21, 2018, and the judgment on May 27, 2020 was finalized on May 27, 202.

【Criminal Facts】 The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall set a period to a person who treats wastes in breach of the standards and methods for waste treatment or the principles of recycling wastes.

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