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(영문) 광주지방법원 2019.06.20 2019고단1401
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the head of the above construction site (from July 2017 to March 2018) belonging to the Corporation B, which received a new construction of the G Care Center (E and F) from the Corporation C, Jeonyang-gun and two parcels (E and F), and the Defendant Company B is a corporation established for the purpose of construction business.

1. No person who intends to reclaim wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

Nevertheless, from September 2017 to March 2018, the Defendant buried approximately 3 to 4 meters of soil and sand, including large trees and miscellaneous trees, in total, 67.5 tons of construction waste, and 67.5 tons of construction waste from around 2017 to around 2018, and buried them by means of covering around 3 to 4 meters of earth and sand.

2. No person who is a stock company B shall reclaim wastes in any place other than waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

Nevertheless, the Defendant, at the same time and place as mentioned in the preceding paragraph, buried a total of 67.5 tons of wastes in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of statement concerning H and I;

1. Each police statement to J, H, I, and K;

1. A certificate of K or L;

1. A written accusation;

1. A photograph verifying the site of illegal reclamation of wastes, aerial photography, inspection details of the site of illegal reclamation of wastes, patrol log, business trip report, measurement details of the site of discharge, certificate of collection and transport of wastes, certificate of complete registration matters, standard contract for construction works, and contract for modification of construction works;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of regulations relating to temporary storage);

1. Article 63 subparagraph 2 of the Wastes Control Act and Article 8 (2) of the Wastes Control Act (Selection of Fines): Article 67, subparagraph 2 of Article 63, and Article 8 (2) of the Wastes Control Act;

1. Detention at a workhouse;

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