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(영문) 춘천지방법원 영월지원 2017.05.16 2017고단105
건설폐기물의재활용촉진에관한법률위반
Text

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

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the representative director of a company C, which is an interim waste disposal business company in Gangwon-gu, Gangwon-do, and who manages the above company’s construction waste disposal business site in general, and Defendant B is the representative director of the company at the same time who directly manages the above company’s construction waste disposal business site. Defendant B is the head of the company at the same time with the foregoing company’

A construction wastes disposal business operator entrusted with the disposal of construction wastes shall not keep construction wastes in excess of the permissible storage quantity, and the head of the Gun may order a person who keeps construction wastes in excess of the permissible storage quantity to discharge, collect, transport, store, or dispose of construction wastes within a fixed period of time or to take other necessary measures, when he/she keeps construction wastes in excess of the permissible storage quantity.

around May 14, 2016, Defendants were found to have been in storage of approximately 50,00 tons of construction wastes exceeding the permissible storage capacity of 8,880 tons at the said company’s place of business and received orders to take measures for construction wastes from the number of Pyeongtaek-gun to October 30, 2016.

Nevertheless, the Defendants kept approximately 42,862 tons of construction wastes in excess of the permissible storage quantity around November 10, 2016 after the period for the implementation of the order to take measures expires.

As a result, the Defendants conspired and did not comply with the order to take measures for the number of Pyeongtaek-gun.

2. The Defendant C, a representative of the Defendant, committed the Defendant’s act of violation as above, as described in Section B(1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the defendant A or B;

1. A corporate statement;

1. Application of Acts and subordinate statutes governing an accusation, accusation, a voluntary statement, a statement of business trip, a statement of violation, a certificate of confirmation, a certificate of permission for construction waste treatment business, a notice of extension of the period of an administrative disposition order, an administrative disposition order, a business registration certificate, and all matters to be registered

1. Relevant provisions of the Act concerning facts constituting an offense;

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