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(영문) 대구지방법원 2020.10.07 2020고단1212
폐기물관리법위반
Text

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

Reasons

Punishment of the crime

From August 1, 2011, the Defendant operated a waste disposal business with the trade name of “D” using the name of “D”, a landowner, in Yong-si B, Young-si, and closed the business on May 15, 2017.

1. No person who illegally disposes of designated wastes shall dispose of wastes in any place, other than those prepared for the collection of wastes;

Nevertheless, the Defendant discontinued the foregoing “D” on May 15, 2017, and dumped the designated wastes without permission by leaving approximately 20t designated wastes, such as waste mineral oil, into the “D site” located in Yongcheon-si B.

Accordingly, the Defendant laid down industrial wastes at a place not designated as a waste treatment place.

2. The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who treats wastes to take necessary measures where wastes have been disposed of in violation of relevant Acts and subordinate statutes, and the person ordered to take necessary measures shall comply with such order.

On June 1, 2018, the Defendant issued an order to take measures (i.e., the first order to take measures) to dispose of approximately 20 tons of wastes discarded on the pertinent “D” site by June 30, 2018 from the Youngcheon Market, but failed to comply with the order to take measures, as the Defendant failed to dispose of wastes abandoned on the said “D” site by June 30, 2018.

B. On July 26, 2018, the Defendant received an order to take measures (the second order to take measures) from the Youngcheon Market to dispose of approximately 20t of wastes dumped on the pertinent “D” site by August 31, 2018, but failed to comply with the order to take measures by August 31, 2018, on the ground that he/she did not dispose of wastes dumped on the pertinent “D” site by August 31, 2018.

C. On October 5, 2018, the Defendant did not dispose of wastes abandoned in the pertinent “D” site by October 31, 2018, despite having received an order to take measures (hereinafter “third order to take measures”) from the Youngcheon Market to dispose of approximately 20t of wastes discarded in the said “D” site.

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