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(영문) 인천지방법원 2018.06.22 2018고정1239
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a closed clothes recycling business among “B” companies located in Seo-gu Incheon Metropolitan City.

Where a person who recycles waste medical supplies becomes able to reuse the waste medical supplies after repairing them for its original purpose, he/she shall report waste treatment to the competent administrative agency, equipped with facilities and equipment.

Nevertheless, from September 2017 to October 11, 2017, the Defendant accepted and repaired the waste clothing in the above place and made it reusable for its original purpose, and did not report waste disposal to the competent authorities.

2. Defendant B is a corporation established for the purpose of wholesale and retail business of items prior to recycling.

The defendant, who is the representative director of the defendant, committed the same act as that of the above 1 at the same time and place as that of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a written accusation requested (written accusation and written statement, photograph related to the violation, confirmation document, and copy of business registration certificate);

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

A. Defendant A: Article 66 Subparag. 2 and Article 46 Subparag. 1 of the Waste Management Act; selection of fines

B. Defendant B: Articles 67, 66 subparag. 2, and 46 subparag. 1 of the Waste Management Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the Provisional Payment Order

1. The summary of the assertion asserts that the Defendants do not recycle the waste clothing, but merely repair and sell the waste clothing, and thus do not constitute a report on waste treatment under the Waste Management Act.

2. Determination

(a) A person who recycles wastes under Article 46 (1) 1 of the Waste Management Act shall be equipped with facilities and equipment in accordance with the criteria prescribed by Ordinance of the Ministry of Environment and the Mayor/Do Governor;

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