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(영문) 제주지방법원 2012.05.31 2011노598
폐기물관리법위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by applying Article 18 of the former Wastes Control Act, even though Article 18 of the former Wastes Control Act should apply, since the date of the instant crime is earlier than July 24, 201, the current date of enforcement of the Wastes Control Act.

B. misunderstanding of facts or misunderstanding of legal principles (1) Article 2 subparagraph 1 of the former Wastes Control Act (amended by Act No. 10389, Jul. 23, 2010; hereinafter “former Wastes Control Act”) provides that “the term “waste” means garbage, burning materials, sludge, waste oil, waste acid, waste egg, animal carcasses, etc., which are no longer necessary for human life or business activities.” Although the same cannot be viewed as the wastes listed in the foregoing provision, the lower court’s determination that the Defendants’ disposal began and fall under the category of wastes under the Wastes Control Act as those which were not necessary for business activities, such as FFFF (hereinafter “FFFFFF”) is clearly erroneous, thereby adversely affecting the conclusion of the judgment.

(2) Article 2 subparag. 3 of the former Wastes Control Act provides that "commercial wastes means the wastes generated from the places of business with discharging facilities installed and operated in accordance with the Clean Air Conservation Act, the Water Quality and Aquatic Ecosystem Conservation Act, or the Noise and Vibration Control Act, or other places of business determined by Presidential Decree," and Article 2 of the Enforcement Decree of the Wastes Control Act provides that "the scope of business place" [the scope of business place] upon delegation of such Wastes Control Act. Although low temperature storages by FFFFFFF agricultural or agricultural cooperatives do not fall under the above provision, the lower court clearly determined that the low temperature storages by FFFFFF agricultural or agricultural cooperatives constitute the places of business discharging at least five tons of wastes due to a series of works as stipulated

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