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(영문) 대구지방법원 2018.07.19 2017고단7241
폐기물관리법위반
Text

Defendant

A shall be punished by a fine of 5,00,000 won, by a fine of 5,00,000 won, and by a fine of 5,00,00 won, and Defendant C, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who operates (State) I in Daegu Northern-gu, and Defendant B is a actual operator of K recycling in the Daegu-gu, and Defendant C is a waste collector.

On June 29, 2015, the first factory was damaged by fire due to adjacent logistics storage fire of L, and caused fire to dispose of remaining objects, including fire, etc., during the storage in the above factory as wastes. Paint to be discarded at the above factory is classified as sealed containers and classified as wastes due to the high risk of environmental pollution, and thus constitutes industrial wastes, and the total quantity of remaining objects, including fire, constitutes five tons or more, and also constitutes industrial wastes.

1. Defendant A

(a) A business operator who discharges designated wastes without permission shall submit relevant documents to the Minister of Environment for verification before disposing of such designated wastes pursuant to the Act;

Nevertheless, around August 2015, the Defendant disposed of approximately 6.5 tons of waste paint containers without obtaining confirmation as prescribed by law from (State I) I factory, which are not opened with any paint that is impossible to be used due to fire, through B and C.

As a result, the Defendant treated designated wastes without obtaining confirmation from the Minister of Environment as designated wastes discharging business operators.

(b) A person who discharges commercial wastes to an unauthorized business entity shall directly dispose of commercial wastes, or entrust the disposal of commercial wastes to a person who has obtained a license for a waste management business under the Waste Management Act;

Nevertheless, the Defendant, at the time and place specified in paragraph (a), entrusts the Defendant with the disposal of wastes, including approximately 6.5 tons of waste paint, designated wastes, and at least 5 tons of the total capacity, to B without a license for the disposal of wastes.

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