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(영문) 광주지방법원 순천지원 2016.05.11 2015고정908
폐기물관리법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay a fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

B is a corporation established for the purpose of environmental improvement, crop cultivation, etc., and the defendant A is the head of the B management team of the corporation that manages the building management of B, crops, mushrooms growing, etc.

A business operator who intends to discharge designated wastes shall obtain confirmation of the plan for waste treatment to the competent authority before he/she treats the designated wastes, and dispose of wastes at the waste disposal facilities or recycling facilities.

A. Nevertheless, the Defendant, despite the fact that from June 1, 2015 to June 20, 2015, performed the repair work of the Gu building site No. 1,557 square meters in B located in Gwangju-si, Inc., the Defendant contaminated the surrounding environment by crushing waste asbestos and waste concrete within the said site without disposing of 56.75 tons of waste concrete and 0.28 tons of waste, designated wastes, in a waste disposal facility or recycling facility, without disposing of them at the waste disposal facility or recycling facility. The Defendant did not obtain confirmation of the waste disposal plan to the competent authority before disposing of 0.28 tons of waste asbestos, which is a designated waste disposed of at the said site.

B. Defendant B Co., Ltd. committed a violation as described in the foregoing paragraph (b) with respect to Defendant B’s business.

Summary of Evidence

Defendant A, subject to the legal statement confirmation, photograph, site, administrative disposition (order), business registration certificate, certificate of collection and transport of construction wastes, confirmation document, construction waste management ledger, and fine pursuant to the applicable law: Article 66 subparag. 1, Article 13(1) (the violation of the standards for waste management), Article 66 subparag. 4, Article 17(3) (the violation of the standards for waste management) of the Waste Management Act, and Article 67, Article 66 subparag. 1, Article 13(1) of the Waste Management Act (the violation of the standards for waste management), Article 67, Article 66 subparag. 1, Article 17(3) of the same Act (the violation of the standards for waste management), Article 67, Article 66 subparag. 4, and Article 17(3) (the waste management plan) of the same Act.

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