The prosecutor's appeal is dismissed.

1. In a systematic and comprehensive interpretation of the Wastes Control Act by taking into account the legislative intent of the legislator of the gist of the grounds for appeal, it is reasonable to view that the act of excessively dumping and recycling wastes as in the instant case requires permission for modification under the aforementioned Act, and that the act is a change in the “recycling capacity” subject to punishment upon enforcement without permission for

Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in the misapprehension of legal principles.

2. Determination

A. The lower court rendered a judgment that acquitted the Defendants on the following grounds.

The facts charged in the instant case are as follows: Defendant A, the representative director of Defendant B, is subject to permission to change waste disposal business pursuant to Article 25(11) of the Wastes Control Act and Article 29(1)3(f) of the former Enforcement Rule of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment No. 796, Dec. 31, 2018); Article 29(1)3(f) of the former Enforcement Rule of the Wastes Control Act (wholly amended by Ordinance of the Ministry of Environment

3. Interim waste recycling business, terminal waste recycling business, and comprehensive waste recycling business;

F. The purport is that, at least 30/100 (or at least 50/100 in the case of a final recycling business or a comprehensive recycling business that collects metals) of the recycling volume for which a license or a permit for alteration has been obtained, if a waste treatment business entity changes at least 30/100 of the recycling volume for which a license or a permit for alteration has been obtained, the waste treatment business entity obtains a license or a permit for alteration, the waste treatment business entity’s excessive treatment exceeds the annual recycling volume for which a license or a permit for alteration has been obtained without a permit for alteration.

In an application for permission for waste disposal business under attached Form 18 of Article 28 (4) of the Enforcement Rule of the Wastes Control Act, "standards for facilities and equipment" shall be stated, and in the case of permission, permission shall also be issued in accordance with attached Form 20 of the Enforcement Rule of the same Act.