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(영문) 청주지방법원 2016.07.21 2016고단774
건설폐기물의재활용촉진에관한법률위반등
Text

Defendant

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

except that this judgment.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of the recycling product manufacturing business, waste disposal business, etc., which obtained permission for waste collection and transportation business around November 24, 2014, and the defendant A is the actual representative of the corporation B.

1. Defendant A

(a) A person who intends to operate a construction waste treatment business in violation of the Act on the Promotion of Recycling of Construction Wastes shall meet the standards for permission as prescribed by Ordinance of the Ministry of Environment and obtain permission from the competent authority;

However, from September 2014 to October 23, 2015, the Defendant collected and transported 6,006 tons of construction wastes generated at the building site, construction site, etc. using equipment such as the equipment of the building, etc., and constructed wastes by separating and screening them, without obtaining a construction waste disposal business license.

Accordingly, the Defendant operated a construction waste disposal business without permission from the competent authorities.

(b) Any person who intends to dispose of wastes shall dispose of wastes at a waste disposal facility or recycling facility in accordance with the guidelines and methods prescribed by Presidential Decree;

However, around October 24, 2015, the Defendant disposed of construction wastes (i.e., waste synthetic resin, waste fibers, etc.) stored without disposing of 12,610kg of the first place of business, which are wastes of the same place of business, in a waste disposal facility or recycling facility, by mixing them with construction wastes (i.e., waste synthetic resin, waste fibers, etc.) and discharged the said first place of occupancy into rainwater and caused the contamination of the water quality of South and North tin river by discharging the said waste to South tin, around October 27, 2015.

2. Defendant B Co., Ltd. committed the same offense as the above 1 at the date and place mentioned in the above 1, and at the same time and place, A, the representative of the Defendant, committed the same offense.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Request for an investigation, respectively;

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