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(영문) 인천지방법원 부천지원 2013.10.17 2013고정1092
폐기물관리법위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, a waste disposal company, and the defendant B is a corporation established for the purpose of recycling business, etc., which reported waste recycling of waste batteries.

If a person who has filed a report on waste treatment business or a person who has filed a report on waste treatment suspends his/her business or discontinues his/her business for a specified period exceeding the period prescribed by Presidential Decree, the Minister of Environment or the Mayor/Do Governor may order the person who has filed the report on waste treatment business or the person who has filed the report on

1. Around November 25, 2012, Defendant A removed the facility while moving his/her place of business in Kimpo-si D and E, but did not comply with an order issued by Defendant A to take measures to dispose of the industrial wastes by leaving approximately KRW 500 tons of the waste batteries, which are industrial wastes, in an improper manner, at the said place. Around December 28, 2012, the Defendant neglected to take measures to properly dispose of the industrial wastes from the Kimpo-si to January 28, 2013, but failed to comply with the order.

2. Defendant B, at the same time and place as above, did not comply with an order to take measures to dispose of wastes neglected as above with respect to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation protocol of the defendant;

1. The police statement concerning F;

1. A written accusation;

1. Each photograph;

1. The application of Acts and subordinate statutes to a waste recycling certificate, advance notice prior to disposal, a written order, or a certified transcript of corporate register;

1. Defendant A of the pertinent law on criminal facts: Articles 65 and 8-2 of the Wastes Control Act, and Article 40 (2) B of the same Act: Articles 67, 65 and 65-2 and 40 (2) of the Wastes Control Act;

1. Defendant A to be detained in a workhouse: Articles 70 and 69(2)1 of the Criminal Act;

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