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(영문) 제주지방법원 2016.08.10 2016고단857
폐기물관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that takes charge of part of the construction work at the site of the E-Road Expansion Corporation (hereinafter “instant construction”) from February 2, 2012 to February 1, 2013, which is a place of business waste discharge facilities. Defendant A is the representative director of the Defendant Co., Ltd.

No person shall reclaim any industrial wastes in any place, other than a waste treatment facility.

Defendant

A on January 1, 2013, after collecting industrial wastes, such as wood, waste concrete, waste asphalt containers, steel bars, waste, etc., generated in the course of the instant construction project, and buried waste at a place, other than waste treatment facilities, by covering the soil brought from the site of the instant construction project at a height of about 30 cm-3m high at a waste disposal facility, in the course of the instant construction project, at Seopopo City F, which was used as a temporary storage place prior to the final classification, crushing, recycling, or disposal of waste.

Defendant

With respect to the defendant's business, A, a representative director, buried commercial waste such as waste concrete and fertilizer packaging paper in a place other than waste disposal facilities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (verification of the site for the reclamation of wastes), and police statements concerning G;

1. Investigation report (verification of a reporter, etc.);

1. Investigation report (verification of the distance between the construction site and the reclaimed land of wastes);

1. Statement made by the police with H;

1. Investigation reports (verification of waste treatment, etc.);

1. A written accusation of a person who violates the Management of Wastes in the Yellow Market, I's written statement, A's written confirmation, a written report on a construction waste disposal plan, or a written confirmation on a construction waste disposal plan;

1. Business registration certificate and certified copy of corporate registry;

1. A forest that permits the storage of any goods for development activities;

1. Application of Acts and subordinate statutes governing acceptance of a report on business generating fugitive dust or a report on business generating fugitive dust;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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