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(영문) 청주지방법원 영동지원 2018.05.24 2018고정9
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall reclaim or incinerate wastes in any place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act.

Nevertheless, the Defendant, without obtaining permission or approval under the Waste Management Act, refers to waste fiber, which is a place of business generated in D, a corporation located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Yancheon-gun, and Article 2 Subparag. 1 of the Waste Management Act provides that “waste” refers to any substance that has become unnecessary for human life or business activities, such as garbage, waste, sludge, waste oil, waste acid, waste alcar, waste alcar, and animal carcass.

In full view of the purport of the Waste Management Act intending to strictly regulate the discharge of wastes that may have a significant impact on the natural and living environment and to improve the quality of the people’s lives, and the contents of the provisions of the Waste Management Act including the above definition of wastes, the substance is deemed as waste under the Waste Management Act inasmuch as the substance, such as garbage, smoke materials, sludge, waste oil, waste acid, waste alcar, animal carcasses, etc., discharged from the workplace, has become unnecessary for the business activities of the workplace concerned, and the substance is not deemed as being supplied as recyclable materials (see, e.g., Supreme Court Decision 2001Do70, Jun. 1, 2001). It does not mean that the substance discarded from the workplace concerned is supplied as recyclable materials (see, e.g., Supreme Court Decision 2001Do70, Jun. 1, 201).

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on violations of the Waste Management Act, such as illegal reclamation of industrial wastes;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant Article of the Act and the main sentence of Article 63 (2) and the main sentence of Article 8 (2) of the Wastes Management Act, which relate to facts constituting an offense;

2. Article 70 of the Criminal Act to attract a workhouse.

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