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(영문) 부산지방법원 2018.12.21 2018고단2344
건설폐기물의재활용촉진에관한법률위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established for the purpose of dismantling non-system structures, and Defendant A is the representative director of Defendant Co., Ltd.

A person who intends to collect at least five tons of wastes generated in the construction site and transport them to a disposal site or to separate, select, or scrap construction wastes shall submit a construction waste treatment business plan to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, as prescribed by Ordinance of the Ministry of Environment, and a person who is notified by the Mayor/Do Governor that the business plan is appropriate shall obtain permission from the Mayor/Do Governor, after preparing facilities, equipment, technical capability, capital, site for a place of business, and other necessary matters

1. Defendant A did not obtain a construction waste disposal business license from the Mayor/Do governor, from May 2017 to June 2017, Defendant A engaged in construction waste collection and transportation business by carrying about about 40 tons of construction wastes, such as waste rocks and beams, generated from the construction site of the “D Private Institutes”, a 7 foot building located in the Busan Shi-gu, Busan (hereinafter “C Remodeling”) at the site of remodeling construction (hereinafter “C remodeling construction site”), for E freight cars and F freight cars, and transporting approximately 40 tons of construction wastes to the G redevelopment site in Busan, Seo-gu, Busan (hereinafter “G redevelopment site”).

2. Defendant Company: (a) at the above date, at the place, A, the representative of Defendant Company, committed the above-mentioned act in relation to the Defendant’s business.

[In this regard, the Defendants/Defense Counsel for the following reasons: ① Construction wastes generated at the site of the C Remodeling are transported to the site of G redevelopment; however, this does not have been transported directly or upon instruction by Defendant A, but has worked at the Defendant Company.

H, I, and J were carrying out construction wastes in bad faith in order to harm the Defendant Company, and thus, they are irrelevant to the Defendants, and ② even if they were to be related to some construction wastes.

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