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(영문) 수원지방법원 여주지원 2017.06.27 2017고정35
폐기물관리법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

[Basic Facts] Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation whose purpose is to manufacture, sell, and export biochemical-friendly eco-friendly containers, and Defendant A is a person who directly promoted the remodeling work of a factory located in C at the female city as the agent of Defendant B.

[Criminal facts]

1. Defendant A did not comply with a waste disposal order issued by the competent authority on November 7, 2016, to the effect that the Defendant, from around September 2014 to around December 4, 2016, he/she neglected to dispose of approximately 24 tons of waste, which he/she left to do with the said remodeling works, from around September 2014.

2. Defendant B, the representative of the Defendant, committed the same act as the Defendant stated in the above 1. Paragraph (1) with respect to his duties.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning interrogation of suspects of special judicial police officers against Defendant A;

1. Statement made by each special judicial police officer against D and E;

1. Each statement of D and F;

1. Request for investigation, request for investigation, request for investigation, on-site photograph, statement of business trip name, standard contract for construction work, business registration certificate, certificate of all registered matters of the corporation, each real estate transaction contract, notification of administrative disposition, report on investigation results, notification of administrative disposition according to investigation direction, notification of administrative disposition and reply pursuant to investigation direction, notification of waste disposal order due to violation of the Waste Management Act, public notification of order for disposal of wastes, notification of public notification of order for disposal of wastes, details of delivery of letters expressing the notification of administrative disposition order, details of delivery of

1. Application of Acts and subordinate statutes to each investigation report (a request for appearance of a witness -A, change of attendance of a witness -A, request for guidance for specifying waste quantities, results of statements by a witness -E, results of interrogation of a suspect, attachment of a written statement of a G witness, record review report);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 65 subparag. 21 of the Waste Management Act and Article 39-2 subparag. 1 of the Act, and the selection of fines

B. Defendant B: Articles 67, 65 subparag. 21, and 39-2 subparag. 1 of the Waste Management Act.

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