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(영문) 창원지방법원 진주지원 2014.05.01 2014고단187
폐기물관리법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of ten thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

[2014 Highest 187]

1. No person who is a defendant A shall dump wastes into any place, other than any place or facility, prepared by the competent administrative agency or the manager of any facility, including any park and road, to collect wastes

Nevertheless, from September 2013 to October 2013, the Defendant arbitrarily laid off the amount of 467.8 tons of commercial wastes generated from the operation of the Defendant, such as club access roads, landscaping works, etc. (waste concrete 398.9 tons, waste asphalt concrete 30.2 tons, waste synthetic resin 13.9 tons, waste timber 24.8 tons, waste timber 24.8 tons) in the forest and fields in E, which are places other than those provided for waste collection.

2. Defendant B, at the same time, and at the same place as the above 1.3, the Defendant, a representative of the Defendant, committed the above violation in relation to the Defendant’s business.

[2014 Highest 253]

1. Defendant A is the representative director of Company B, and Defendant A is the person in charge of safety and health management of D golf courses located in Gyeongnam-gun, Namnam-gun, Inc. F.

The defendant has a duty of care to take measures for the prevention of explosion or fire, such as removal of inflammable oil or inflammable objects, or dangerous substances in advance with respect to containers such as pipes, tanks, or drums which are likely to cause dangerous substances or inflammable objects, and to take measures necessary for the prevention of danger due to explosive, inflammable, and inflammable substances, which are not necessary to take such measures but to take measures for the prevention of danger due to explosive, inflammable, or inflammable substances.

Nevertheless, the Defendant neglected to do so and did not know what materials remain in the 1st floor maintenance room of the above golf course in the 1st floor management team in the above golf course and without being recycled.

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