Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a waste disposal business entity that has obtained a license for interim waste recycling business in Kimhae-si, and operates a place of business called “D”.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

From January 2016 to October 18, 2016, the Defendant kept approximately KRW 713 cubic meters (28 cubic meters in cubic meters in cubic meters 460 cubic meters in cubic meters) from waste synthetic water, which is a waste entrusted within the said D’s workplace, at a place other than the permitted storage facility.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate of violation;

1. A copy of a permit for interim recycling business and drawings of storage facilities;

1. Copy of business registration certificate;

1. Application of statutes on site photographs;

1. Article 66 subparagraph 9 of the relevant Act concerning facts constituting an offense and Article 66 subparagraph 1 of the Wastes Management Act that choose to impose a penalty (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As a renewable raw materials purchased from a person engaged in an intermediate waste treatment business, which can be disposed of by the Defendant’s summary of the claim, are stored in the packaging without the generation of the water, they do not constitute wastes under the Waste Management Act.

2. In light of the following circumstances acknowledged by the evidence presented prior to the determination, it is reasonable to view that the Defendant’s waste synthetic waste treatment constitutes a waste under Article 2 subparag. 1 of the Waste Management Act. Therefore, the above assertion is without merit.

(1) Article 2 subparagraph 1 of the Wastes Control Act defines wastes as "waste, annual materials, sludge, waste oil, waste acid, waste alkhs, animal carcasses, etc., which have become unnecessary for human life or business activities." Article 4-2 (1) of the Enforcement Rule of the same Act, which provides for detailed classification of the kinds of wastes pursuant to Article 2-2 of the same Act, shall be attached Table 4-2 (1) of the same Act.