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

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

Punishment of the crime

A person who intends to collect and transport wastes prescribed by Ordinance of the Ministry of Environment, such as waste control and waste home appliances, shall be equipped with facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and shall report

However, on July 17, 2017, the Defendant, without reporting to the Mayor/Do governor, collected and transported 500 km of waste clothing 50 km from apartment complexes, etc., which are located in the wife B in the Shinsi-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of statutes on site photographs;

1. Article 66 Subparag. 2 of the relevant Act and Article 46 Subparag. 3 of the former Waste Management Act (amended by Act No. 14783, Apr. 18, 2017) on criminal facts and the selection of punishment (selected of penalty)

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

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

1. Since the alleged defendant collected only the clothes that he/she was immediately available and sold to the seller immediately without any processing, the clothes collected by the defendant are not wastes.

2. The mere fact that materials are supplied as a raw material for recycling does not lose the nature of such materials (Supreme Court Decision 2002Do6081 Decided February 28, 2003). Article 2 Subparag. 1 of the Waste Management Act defines wastes as “materials that have become unnecessary for human life or business activities.” Since the clothes discharged by residents in apartment complexes, etc. are substances that have become unnecessary for human life, and thus, they constitute “waste clothing” as waste, and even if they are sold after collecting and selling them, they do not lose the nature of wastes.

According to Article 46 (1) 1 of the Waste Management Act, Article 66 (2) and attached Table 16 of the Enforcement Rule of the Waste Management Act, wastes may be recycled after filing a report on waste treatment.