Text
Defendants shall be punished by a fine of two million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
Defendant
A is the actual representative who exercises overall control over the business affairs of B in Yongcheon-si, and Defendant B is a corporation established for the purpose of interim treatment of waste oil and waste organic solvents (recycling).
1. A person who discharges wastes designated as a defendant A shall not store wastes in excess of the period of storage, and shall comply with an order issued by the competent authority for disposal by storing wastes in excess of such period of storage;
B As a designated waste in the process of recycling waste, waste oil and waste organic solvents occurs.
However, the Defendant did not comply with an order issued from the Daegu Regional Environmental Office, the competent authority, at the place of business of the said B, to dispose of approximately 165 tons of the waste oil and waste organic solvents, which are designated wastes in excess of the storage period, from October 21, 2016 to December 30, 2016, even though he/she was ordered to dispose of the whole quantity of the waste oil and waste organic solvents by April 14, 2017.
Accordingly, even though the Defendant received an order for waste disposal, the Defendant did not comply with it within the given time limit.
2. Defendant B’s employee, Defendant B, committed the same act as that of the Defendant’s business as described in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Written statements of D;
1. Violations confirmation, business registration certificate, details of waste disposal (the details of transfer), violations confirmations related to excess of the designated waste storage deadline, and evidence evidence, all of administrative disposition documents and comprehensive waste recycling business licenses, administrative disposition documents and replies data, on-site photographs, certified copies of corporate registers, waste disposal details, and vehicle sale contract;
1. Application of Acts and subordinate statutes of each investigation report (No. 6,8)
1. Article 65 subparag. 21 of the Wastes Control Act and Article 39-2 subparag. 1 (Selection of Penalty) of the Act on the Management of Wastes: Articles 67, 65 subparag. 21, and 39-2(1) of the Waste Management Act;
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. The order of provisional payment;