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(영문) 춘천지방법원 속초지원 2014.04.02 2013고정119
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the Corporation B, who is a motor vehicle scrapping and recycling company located in Gangwon Yangyang-gun D, and is in charge of the overall affairs.

A business operator who discharges designated wastes prescribed by Ordinance of the Ministry of Environment shall obtain verification of a waste disposal plan prior to the disposal of such designated wastes, and where the person who has obtained such verification intends to change the disposal manager of the designated wastes, he/she shall obtain verification of change

Nevertheless, the Defendant, through the E Association jointly collected and transported on April 26, 2012, obtained a confirmation of the waste disposal plan to transport and dispose of waste oil (waste sulfur), to a resource company for waste distribution, which is designated wastes, and without obtaining a confirmation of modification from the competent authority regarding the transport disposal operator. From April 26, 2012 to October 31, 2012, the Defendant entrusted the transport of approximately 3.5 tons of waste vapors discharged from the said place of business to F and Young Metal Co., Ltd.

2. Defendant B is a corporation established for the purpose of automobile dismantling and recycling business.

A, who is the representative director of the defendant, committed the above acts in relation to the defendant's business at the above date and place.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes of 18 copies, such as a certificate of confirmation of waste disposal plan, a detailed statement of transactions and a measurement certificate, designated waste disposal plan, receipt of reports and notifications,

1. Article 66 subparagraph 4 of the Wastes Control Act and Article 17 (4) of the Wastes Control Act; Article 67 and subparagraph 4 of Article 66 and Article 17 (4) of the Wastes Control Act; Article 67 and Article 17 (4) of the Wastes Control Act;

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

1. The Defendants’ assertion on the assertion by the Defendants under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order, is not a waste exhauster containing waste acid, but a fire that occurred on April 13, 201.

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