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(영문) 의정부지방법원 고양지원 2018.05.10 2018고정59
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a business operator who discharges designated wastes prescribed by Ordinance of the Ministry of Environment disposes of such designated wastes by himself/herself or by entrustment, he/she shall submit to the Minister of Environment a waste disposal plan, a report on waste analysis prepared by a waste analysis agency, a certificate of entrusted disposal

Nevertheless, on May 2016, the Defendant: (a) removed a building located in B at Paju-si on waste disposal; (b) collected, stored, and disposed of approximately KRW 500 Kg, which is a designated waste, from August 2017, without obtaining confirmation on waste disposal.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the results of analyzing the ingredients of solid samples;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 66 Subparag. 4 and Article 17 Subparag. 3 of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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