Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 10,000,000.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
Defendant
A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that carries on the ship manufacturing business, and Defendant A was a person who was in the position of the president of the Defendant Co., Ltd. from August 1, 2013 to March 31, 2014.
1. No person who intends to reclaim or incinerate wastes in any place other than a waste treatment facility permitted, approved, or reported in accordance with the Wastes Control Act;
Nevertheless, without permission or approval from the competent authorities, the Defendant buried waste concrete worth approximately 30 tons generated in the process of removing Japanese-style farms and waste-of-life houses in the Hanam Navy Embae-gun from August 2013 to early September 2013, and buried them in a chilling manner, putting them in the ground or in a chilling place.
2. The Defendant Company, the employer, buried wastes in relation to the Defendant Company’s business as described in the preceding paragraph.
Defendant
The company and its defense counsel asserts that the land for aquaculture and waste houses is private land owned by F, a real representative of the defendant company, for a divesing style, and is not related to the ship manufacturing business of the defendant company, and therefore there is no reason to instruct the waste reclamation activities of the defendant A.
However, according to the evidence indicated below, although F's commencement of removal of male house and male house without F's prior approval, F's act of removal and reclamation of male house was in line with F's ex post facto order in light of the following facts: F's order was issued with F's knowledge of removal during the middle of removal; and some reasons for removal of male house and male house were intended for scenic rearrangement upon receiving a request from the competent Gun office for use for G events; but main reasons were for the installation of facilities such as workplace, ship yard, internal plant, etc., which are shipbuilding facilities of the Defendant company.