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(영문) 광주지방법원 순천지원 2018.09.17 2018고정209
폐기물관리법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of waste management business around December 20, 2007, and Defendant A is the vice president of Defendant B, who exercises overall control over the environmental affairs of the above company.

1. From October 2013 to May 2015, Defendant A entrusted the disposal of designated wastes (e.g., 10,303 tons) generated from a company B in the Namsung-gun, Inc., Ltd., a company F with limited liability located in E in the following cities: (a) although this company entrusted the disposal of wastes beyond the disposal capacity without verifying whether it is capable of disposing of the wastes; (b) the company entrusted the disposal of wastes to the head of the Yeongsan Seomjin basin environment with the disposal capacity; (c) around November 30, 2016, the Defendant failed to take measures such as appropriate treatment of the water generated from the company F’s workplace; (d) prevention of spreading groundwater contamination at the time of verifying the pollution; and (e) removal of mixing with the contaminated wastes; and (e) removal of the water from the surface thereof; and (e) removal of the water from the water surface to the upper part of the water surface to 30 tons of the water surface to 30 tons of the water surface; and (e) the Defendant did not take measures for treatment of the water surface.

2. A, who is an employee of B Defendant, committed a violation as referred to in the preceding paragraph with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. A written accusation;

1. Notice of administrative disposition following a violation of the Waste Management Act;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 65 Subparag. 23 of the Waste Management Act, Article 48 Subparag. 2 of the same Act, and selection of fines

B. Defendant B: The main sentence of Article 67, Article 65 subparag. 23, and Article 48 subparag. 2 of the Waste Management Act, and the selection of fines.

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