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(영문) 인천지방법원 2016.06.09 2015고단5605
폐기물관리법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

A. This is applicable to A.

Reasons

Punishment of the crime

Defendant

A is an actual operator of B, who is a waste disposal company located in Jung-gu Incheon Metropolitan City D, and the defendant B is a corporation established for the purpose of improving industrial waste.

1. Defendant A

(a) A person who intends to engage in the business of recycling or disposing of wastes not permitted for waste treatment business shall obtain permission from the competent authority for each type of business, waste subject to business, and waste treatment with facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment;

Nevertheless, from October 30, 2014 to December 31, 2014, the Defendant brought in the wastewater treatment 1,305 tons and 211 ton and treated them without obtaining permission from the competent authorities for each of the waste and treatment areas of inorganic sludge, and without obtaining permission from the competent authorities for each of the waste and treatment areas of inorganic sludge.

(b) No waste treatment business entity that has violated conditions for a license for a waste treatment business shall violate the conditions attached to the convenience of residents' living, the protection of surrounding environment, and efficient management of waste treatment business, when it grants a license for a waste treatment business to the competent authority;

The Defendant did not comply with the condition that “General Saturdays shall prepare a management ledger for the quantity of brought-in and quantity used” attached at the time of permission to change the waste disposal business for the said stock company B from October 2, 2014 to December 31, 2014 by the head of Jung-gu Incheon Metropolitan City.

2. Defendant B Co., Ltd. committed the act as described in the foregoing paragraph 1 in Jung-gu Incheon Metropolitan City, where the actual operator of the Defendant was the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statements of E and F;

1. A license for a comprehensive waste recycling business;

1. Investigation report (the details on disposal of wastes other than those subject to business of the suspect);

1. Two copies of administrative dispositions;

1. Application of Acts and subordinate statutes to inquiries and replies by the Minister of Environment;

1. Criminal facts;

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