logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.09.21 2018고단1337
폐기물관리법위반등
Text

Defendant

A The defendant shall be punished by imprisonment for six months and a fine of one million won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a corporation B representative director in the Gu of Changwon-si, and Defendant B is a corporation established for the purpose of waste disposal, etc., and a waste disposal business entity which has obtained permission for comprehensive waste recycling business.

1. Defendant A

(a) A waste treatment business operator who keeps wastes outside a permitted place of business shall keep the wastes in an appropriate place, such as temporary storage facilities, approved for the storage of the wastes, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, from the beginning of April 2018 to April 17, 2018, the Defendant kept approximately 130 tons of waste gas and mineral scrap, a waste entrusted by the said stock company B, at a place other than the storage facility permitted.

(b) A person who has reported on a project generating fugitive dust that has failed to take measures to prevent fugitive dust shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, around April 17, 2018, the Defendant operated the transport vehicle B without sponsing three wheels and side of the transport vehicle, and did not take necessary measures to suppress the generation of flying dust.

2. Defendant B

A. The Defendant kept approximately 130 tons of waste gas and mineral scrap, which were the wastes entrusted as above, at the same time and place as described in Paragraph 1-A, and in relation to the Defendant’s business, at a place other than the storage facilities for which permission was granted.

B. The Defendant did not take the necessary measures to suppress the generation of flying dust by operating a vehicle without spacting three wheeled and spacting the transport vehicle as above in relation to the Defendant’s business at the same time and place as indicated in paragraph 1-b.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to public officials statements;

1. Article 66 subparagraph 9 of the Waste Management Act and Article 25 (9) 1 of the Act (Article 66 and Article 25 (9) 1 of the Act on the Management of Wastes shall be kept in custody outside the place of permission;

arrow