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(영문) 울산지방법원 2018.05.02 2018고정181
폐기물관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person in charge of the environmental management of a construction site as a site manager of a D Co., Ltd. that proceeds from the “C-Newly constructed construction work” in Ulsan Metropolitan City, Ulsan Metropolitan City B.

On July 2017, the Defendant buried waste in the site boundary of the construction site, such as the tent, styp, and styp, generated at the “C-Newly constructed construction site” site.

Accordingly, the Defendant buried industrial wastes in a place other than waste disposal facilities permitted, approved, or reported pursuant to the Waste Management Act.

Summary of Evidence

1. Application of Acts and subordinate statutes to one investigation report (Attachment of civil petition information photographs) to the defendant's legal statement scene photographs;

1. According to Article 63 subparag. 2 of the relevant Act and Articles 63 subparag. 2 and 68(2) of the Waste Management Act concerning facts constituting a crime: Waste Management Act; Article 2 subparag. 3 of the Enforcement Decree of the Waste Management Act; Article 2 subparag. 8 of the Enforcement Decree of the Waste Management Act; and investigation reports (Attachment of a report on a construction plan). The facts constituting a crime in the judgment constitute workplace wastes under Article 63 subparag. 2 of the Waste Management Act regardless of quantity.

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order appears to have a large amount of the quantity of wastes filled by the Defendant at the place of business, and the Defendant has collected and disposed of the wastes lawfully from the place of business filled up until

Considering that there is no evidence to view, it is considered.

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