The "reasonable storage place" under Article 25 (9) 1 of the Wastes Control Act, which provides for the waste disposal place for the matters to be observed by the waste disposal business entity, shall be limited to the temporary storage facilities approved or approved for modification pursuant to the provisions of the Enforcement Rule of the same Act, the temporary storage place, and the storage facilities where the wastes subject to storage are located within the business place where the facilities to dispose of or recycle the wastes are located (affirmative)

Article 25(9)1 of the Wastes Control Act provides that “to keep wastes in an appropriate place, such as storage facilities or temporary storage facilities approved by a waste disposal business entity, as prescribed by Ordinance of the Ministry of Environment.” According to such delegation, Article 30-2 of the Enforcement Rule of the Wastes Control Act (hereinafter “Enforcement Rule”) provides that “temporary storage facilities approved pursuant to Article 9(4) of the Enforcement Rule, or approval for modification has been granted pursuant to Article 9(5) of the Enforcement Rule, temporary storage facilities approved pursuant to Article 11(2) of the Enforcement Rule, temporary storage facilities for which approval for modification has been granted pursuant to Article 11(3) of the Enforcement Rule, and temporary storage facilities for which permission for modification has been granted pursuant to Article 28(4) of the Enforcement Rule, or facilities for which permission for change has been granted pursuant to Article 29(1) of the Enforcement Rule, shall not be limited to the waste disposal business entity’s waste storage facilities, and Article 7(1)6 of the Enforcement Decree of the Wastes Control Act provides that “where a person intends to keep wastes and recycle facilities, etc.”

In full view of the language and text of the above statutes, the structure of the statutes concerning the waste storage place, and the documents to be submitted when filing an application for a waste disposal business, the location of the waste storage facility can be specified by the documents to be submitted; the statutes governing the permission for waste disposal business include only the minimum requirements to obtain the permission for waste disposal business, leaving room for discretion on the appropriateness of the business, and whether the waste disposal facility is appropriate, and the same should also be applied to whether the waste disposal facility is appropriate; and the statutes on waste management stipulate that the guidance, supervision, and criminal punishment of the waste disposal business entity, such as the waste disposal business license, inspection, etc., shall be systematically and systematically integrated for efficient waste management. In full view of the fact that Article 25(9)1 of the Wastes Control Act provides that the “reasonable storage facility” shall be deemed to be limited to the temporary storage facility approved or approved pursuant to the provisions of the Enforcement Rule, temporary storage facility, and the place where the waste disposal facility is located within the place of business that

Article 25 (9) 1 and Article 66 subparagraph 9 of the Wastes Control Act, Article 7 (1) 6 of the Enforcement Decree of the Wastes Control Act, Article 28 (4) and Article 30-2 of the Enforcement Rule of the Wastes Control Act

[Plaintiff-Appellant] Plaintiff 2004Du961 delivered on May 28, 2004 (Gong2004Ha, 1086)

Defendant

Prosecutor

Law Firm Sin Law Firm, Attorneys Park Byung-soo et al.

Gwangju District Court Decision 2018No2252 Decided January 9, 2019

The judgment below is reversed, and the case is remanded to the Gwangju District Court.

The grounds of appeal are examined.

1. Based on its stated reasoning, the lower court: (a) interpreted that Article 25(9)1 of the Wastes Control Act provides that a waste disposal business entity shall store wastes in an appropriate place, such as a storage facility within the permitted place of business; (b) rather than the “specified storage facility within the permitted place of business”; and (c) determined that the charge that the Defendant stored wastes in an “reasonable storage facility within the permitted place of business” was not sufficiently proven.

2. However, it is difficult to accept the judgment of the court below for the following reasons.

A. Article 25(9)1 of the Wastes Control Act provides that “The person shall keep wastes in an appropriate place, such as storage facilities or temporary storage facilities approved as prescribed by Ordinance of the Ministry of Environment, as prescribed by Ordinance of the Ministry of Environment.” According to such delegation, Article 30-2 of the Enforcement Rule of the Wastes Control Act provides that “The temporary storage facilities for which approval has been obtained pursuant to Article 9(4) of the Enforcement Rule, temporary storage facilities for which approval has been granted pursuant to Article 11(2) of the Enforcement Rule, temporary storage facilities for which approval for modification has been granted pursuant to Article 11(3) of the Enforcement Rule, and temporary storage facilities for which approval for modification has been granted pursuant to Article 28(4) of the Enforcement Rule, or permission for modification has been granted pursuant to Article 29(1) of the Enforcement Rule, shall not be limited to waste storage facilities of the waste disposal business, and Article 7(1)6 of the Enforcement Decree of the Wastes Control Act provides that “the person who intends to receive permission for disposal or recycling of wastes, as one of the facilities and facilities within his/her jurisdiction.”

B. In full view of the language and text of the above statutes, the structure of the laws and regulations on the waste storage place, and the documents to be submitted when filing an application for a waste disposal business, the location of the waste storage facility can be specified. The laws and regulations on the permission for waste disposal business stipulate only the minimum requirements for obtaining the permission for waste disposal business, which have left room for discretion as to the propriety of the business, and whether the waste disposal facilities are appropriate, should also be viewed equally (see Supreme Court Decision 2004Du961, May 28, 2004). The laws and regulations on waste management stipulate that the guidance, supervision, and criminal punishment of the waste disposal business entity, such as the waste disposal business license and inspection, shall be systematically and systematically integrated for the efficient waste management, shall be deemed to be limited to the temporary storage facility approved or approved pursuant to the provisions of the Enforcement Rule of the Wastes Control Act, temporary storage facility, temporary storage facility, and facility for disposal or recycling of wastes subject to the permission for a waste disposal business.

C. Nevertheless, the lower court acquitted the Defendant of the instant facts charged by interpreting the “reasonable place of storage, etc. within the permitted place of business” as “reasonable storage facilities within the permitted place of business” under the Wastes Control Act. In so doing, it erred by misapprehending the legal doctrine on the waste storage place under the Wastes Control Act, thereby adversely affecting the conclusion of the judgment. The Prosecutor’s ground of appeal

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-hee (Presiding Justice)