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(영문) 전주지방법원 남원지원 2017.05.23 2017고정9
폐기물관리법위반
Text

1. The defendant A shall be punished by a fine of three million won;

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. The Defendant, as the representative of a non-metallic mineral gathering and processing company (ju)D in South Won-si, filed a report on the discharge of industrial wastes with the content that the Defendant collected earth and stones within the said place of business and then entrusted the treatment of wastewater treatment sludge, etc. generated in the process of processing them into sand and gravel, etc. to a waste disposal business entity.

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

Nevertheless, around November 23, 2016, the Defendant carried approximately 600 ambi (i.e., daily inorganic sludge), a business site waste generated at the same place of business, into farmland located in E, Namwon-si, and let B use the said farmland as embling.

2. A person who intends to fill in or recycle the wastes of Defendant B as farmland on farmland shall report thereon to the competent authorities.

Nevertheless, on November 23, 2016, the Defendant, without reporting to the competent authorities, received approximately 600 lux B from the Defendant’s farmland located in Nam-si, Namwon-si, as in the preceding paragraph, for embling and recycling of the said farmland.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Reporting of the results of business trips and the application of Acts and subordinate statutes for each investigation report (including attached documents);

1. Article 65 subparagraph 11 of the Waste Management Act and Article 18 (1) (Selection of Penalty) of the Act on the Management of Wastes: Defendant B: Article 66 subparagraph 2 of the Waste Management Act and Article 46 (1) 1 (Selection of Penalty) of the Act on the Management of Wastes;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act [the Defendants are not wastewater treatment wastes as indicated in the judgment, and thus, even if they were not treated in accordance with the procedures prescribed in the Waste Management Act, they are the violation of the Waste Management Act.

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