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(영문) 인천지방법원 2013.11.22 2013노532
건설폐기물의재활용촉진에관한법률위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

A. Defendant A is the representative director of Company B for the purpose of waste collection and transportation business, waste interim disposal business, and reinforced concrete business. On May 26, 2010, the above Defendant obtained permission from the competent authority to install four waste disposal facilities (power 1, 200 Mar. 1, 200, 100 E, 200 Mar. 1, 200, 200 Mar. 26, 201).

A person who has obtained a construction waste disposal business license shall obtain permission to change the location of the construction waste disposal facility or to establish a waste disposal facility, etc. from the competent authority.

Nevertheless, the above Defendant did not obtain permission for change from the competent authorities, and newly established 4 period from May 201 to October 201, 201, which changed the location of the above waste disposal facilities to the Seo-gu, Incheon, G, H, I, and J, and newly established 4 period for the waste disposal facilities (power 400-ma2, 290-ma2 period).

B. The Defendant B, a representative of the above Defendant, changed the location of the waste disposal facilities without obtaining permission from the competent authority for the above Defendant’s business, and newly constructed the waste disposal facilities without obtaining permission for change from the competent authority, at the same time and place as the above paragraph (1).

2. Pursuant to Article 21 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), a person who intends to conduct a construction waste disposal business shall obtain permission, such as a facility.

Since "new permission" is stipulated that construction waste disposal business under Article 22 (1) of the Construction Waste Act shall be subject to a new permission after being equipped with the requirements for permission, as well as a new permission, it shall be obtained from the competent authority before the commencement of business after meeting the requirements for permission for change. Thus, each act of the Defendants in this case shall not constitute a crime.

Even if it is required to obtain permission for change prior to the installation of facilities, the Defendants are the facilities.

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