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(영문) 의정부지방법원 2020.12.04 2020고단2738
폐기물관리법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation that recycles wastes in Gyeonggi-gun Group C, and the defendant B corporation is a corporation established for the purpose of recycling wastes (waste active coal) and producing active coal.

1. Where the defendant A has engaged in or licensed waste treatment business and intends to change not less than 30/100 of the quantity of recycling facilities for which permission for the extension, repair, repair, or alteration thereof has been obtained, or modify important matters prescribed by Ordinance of the Ministry of Environment, he/she shall obtain

Nevertheless, in July 2019, the Defendant recycled wastes exceeding six times the volume (13.4 tons/day) of the previous permitted wastes (2 ton) without obtaining permission or filing a report for change from around July 2019 to around January 2020. From around 2019, the Defendant installed and operated water cooling and cooling facilities (subject to reporting on change of air and wastewater discharge facilities) for the treatment of hazardous gases of waste recycling facilities from around 2019 to January 3, 2020, the date of detection by the Han River Basin Monitoring Group. The Defendant generated 0.384 cubic meters of the volume exceeding 1.8 times the volume of wastewater generated from around 0.2 cubic meters compared to the previous 0.2 cubic meters of the volume of waste.

2. Defendant B, as his employee, had the Defendant commit the same offense as that of the preceding paragraph with respect to his business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the permit for installation of air discharge facilities, the permit for comprehensive waste recycling business, the permit for installation of wastewater discharge facilities, the site photographs, and the written confirmation;

1. Article 65 subparagraph 14 of the Wastes Control Act and Article 25 (11) of the Act on the Control of Wastes, and Article 67, Article 65 subparagraph 14 of the Act on the Control of Wastes and Article 25 (11) of the Act on the Control of Wastes and Wastes and Article 67, Article 65 subparagraph 14 of the Act on the Control

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the defendants.

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