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(영문) 대전지방법원 서산지원 2016.04.01 2015고정301
폐기물관리법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who was a manager of “D” in Seosan City, and Defendant Nice General Construction Co., Ltd. is a corporation operating the said D.

1. Defendant A

(a) No person who violates the Waste Management Act shall reclaim or incinerate wastes in any place other than waste disposal facilities permitted, approved, or reported pursuant to the Waste Management Act;

On November 2014, the Defendant: (a) remodeled an indoor swimming pool in the foregoing D building to a healthcare room; (b) buried approximately five tons of waste generated from waste concrete, etc., such as waste concrete, into the above swimming pool (25m in width, 15m in length, 1.2m in height), which is not a waste disposal facility permitted, approved, or reported.

(b) A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the

(1) On November 2014, the Defendant extended the 255.89 square meters of the instant sports center’s living facilities, which are the building of steel reinforced concrete structure, without obtaining permission, on the first floor in the underground floor in operation of the said sports center building.

(2) On November 2014, the Defendant extended 152.8 square meters of sports facilities for accommodation in golf practice centers, which are the structure of the assembly-type panel without obtaining permission from the building of the above sports center and the fourth rooftop.

2. Defendant Nice Construction Corporation

A. On November 2014, the Defendant violated the Waste Management Act: (a) buried approximately five tons of construction wastes, such as waste concrete, at a place, other than waste disposal facilities permitted, approved, or reported as described in paragraph (1).

B. On November 2014, the Defendant violated the Building Act: (a) extended the building without obtaining permission on two occasions as described in Article 1-2(b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. G certification;

1. Construction wastes;

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