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(영문) 부산지방법원 서부지원 2020.07.22 2020고단440
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A shall be a waste collection and transportation business operator of the "B" in Gangseo-gu Busan Metropolitan Government.

A corporation B is a corporation established for the purpose of waste collection and transportation.

The competent authority may issue an order to take necessary measures, such as change in the methods of proper disposal of wastes, or the disposal method of wastes, etc. which have been disposed of or buried within a fixed period.

1. On February 20, 2019, the Defendant was found to have loaded approximately 200 tons of waste in Gangseo-gu Busan Metropolitan Government D, E, and F without permission, and did not comply with an order to take measures to properly dispose of wastes stored in the original state, such as restoration, from March 14, 2019 to April 30, 2019, which is the competent authority, and did not comply with the order to take measures to properly dispose of the wastes stored in the original state from August 6, 2019 to September 20, 2019.

Accordingly, the Defendant violated the Wastes Control Act by failing to comply with the administrative disposition orders more than twice.

2. Defendant B (Representative G) corporation and at the same time and place as referred to in the preceding paragraph, Defendant A violated his duties, such as the foregoing paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

1. A written accusation;

1. Copy of an order to take measures for disposal of each waste or copy of each order for administrative disposition;

1. Application of Acts and subordinate statutes to investigation reports (the application of Acts and subordinate statutes to the actual operator and all the registered matters of the corporation);

1. Article applicable to criminal facts;

(a) Defendant A: Article 65 Subparag. 23 and Article 48 of the Wastes Control Act;

B. Defendant B: Articles 67, 65 subparag. 23, and 48 of the Wastes Control Act

1. Defendant A who is selected to impose a fine;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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