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(영문) 인천지방법원 부천지원 2013.11.29 2012고정2191
폐기물관리법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates a waste disposal company with D trade names.

Any person who intends to engage in the business of collecting, transporting or disposing of wastes shall have facilities, equipment and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment and obtain permission from a Mayor/Do Governor for each type of business.

Nevertheless, the Defendant, from April 29, 201 to July 23, 2012, operated the waste disposal business without obtaining permission from the competent authority while operating the waste disposal business by collecting waste synthetic resin (waste plastics, etc.) from the D business place located in Kimpo-si, Kimpo-si, and compressing it with the compressed machine to provide it to the final recycler.

2. Determination

(a) The defense counsel and the defendant's assertion under Article 25 (1) of the Wastes Control Act (hereinafter referred to as "waste packaging") are not subject to permission for waste disposal business under Article 46 (3) of the same Act. <2) Waste disposal packing materials (limited to paper packaging, glass bottles, metal cans, packing materials of synthetic resin, and disposable plastic bags and shopping bags; hereinafter referred to as "waste packing materials") subject to mandatory recycling under Article 18 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources; hereinafter referred to as "waste packing materials") are all recycled in areas of Sis/Guns (including Guns of Metropolitan Cities) where the scale of the place of business is less than 2,00 square meters, not subject to reporting under Article 46 (1) 2 of the same Act.

B. Therefore, we examine the judgment, and Article 25 of the Wastes Control Act.

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