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(영문) 수원지방법원 평택지원 2019.08.30 2018고정529
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operated the corporation B.

No person shall reclaim or incinerate wastes in any place other than a waste disposal facility permitted, approved, or reported.

The defendant from the beginning of June 2015 to the same year

6. By the end, the commercial wastes were buried in the victim C and D’s land ( Pyeongtaek-si E and F), other than waste disposal facilities, which were not permitted, approved, or reported.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each investigation report (overshore investigation / Waste Resources Management and Inquiry by the Ministry of Environment);

1. On-site photographs, the defendant and his defense counsel's assertion

1. The recycled aggregate reclaimed by the Defendant does not constitute waste since it was made for the intermediate disposal of construction waste to be recycled.

2. The term "wastes" under Article 2 subparagraph 1 of the Wastes Control Act means wastes, such as garbage, materials, sludge, waste oil, waste acid, waste eggs, and carcasses of animals, etc., which have become unnecessary for human life or business activities. Thus, even if the materials are supplied as the raw materials for recycling, the nature of the materials as wastes should not be lost solely on the ground that the materials are supplied as such materials. However, if a person supplied with the materials manufactures finished products after processing them by means of crushing, screening, winding, mixing, and lodging, in light of the intent of the person supplied with the materials and the nature of the materials, even if the materials do not yet reach a finished product, if the materials have come to the extent that it is objectively approved by the social norms as necessary for human life or business activities through the above processing process, the materials have lost their characteristics as wastes from that time and have been changed into finished products for manufacturing, and thus it is unnecessary to use them as such materials for business activities.

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