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(영문) 서울중앙지방법원 2017.03.29 2016고정4320
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is a person who serves as a chief executive director in the D convalescent hospital located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

A person discharging wastes from his/her place of business shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained permission for waste disposal business, a person who has reported waste disposal, or a person

Nevertheless, between January 201 and March 2016, Defendant A failed to properly dispose of the business site wastes of approximately 42,840 g in total by 10,000 g, containing daily average waste containing 840 km in a 100-standard plastic garbage bag, among the medical wastes generated at the above hospital, the daily diaper in which the excreta or excreta is buried, among the medical wastes generated at the above hospital.

2. Defendant E is the head of the hospital that operates the D convalescent hospital described in the above paragraph (1).

Defendant

Defendant A, an employee of E, committed an act of violation as described in paragraph (1) above with respect to the duties of Defendant E.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of Acts and subordinate statutes to a report on investigation (report on detection), a report on investigation (report on inquiry of volume of ordinary medical wastes discharged and a report on additional inquiry), a report on investigation (report on calculation of the period of illegal emission of medical wastes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 65 Subparag. 2 and Article 18(1) of the former Waste Management Act (Amended by Act No. 13411, Jul. 20, 2015); the selection of fines

B. Defendant B: Articles 67 and 65 Subparag. 2 and 18(1) of the former Waste Management Act (Amended by Act No. 13411, Jul. 20, 2015)

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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