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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and the Defendant Limited Company B for a fine of 15,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) The Defendants obtained permission to change the recycling method of wastes from the former Jinando Office (hereinafter “Kinando Office”) to dispose of wastes in compliance with the provisions of the Wastes Control Act. Since malodor emitted from soil due to the Defendants’ disposal of wastes does not exceed the permissible level, the Defendants did not pollute the surrounding environment by disposing of wastes in violation of the method of waste disposal prescribed in the relevant statutes.
① The Defendants’ organic sludge recycling method combines small and organic sludge with 50:50, and lowers the content of organic substances into 19.9mg/L, and combines it with soil, and re-re-re-re-re-re-re-re-re-re-re-re-processed into 9.1mg/L. On March 26, 2014, the Defendants obtained permission from the Jinan Military Administration for the foregoing method of recycling wastes.
(2) Pursuant to subparagraph 3 (d) (ii) of attached Table 5 of the Enforcement Rule of the Waste Management Act, when mixing sub-stones and organic sludge with 50:50, organic sludge, the content of organic sludge shall not exceed 40% and inorganic sludge shall become 40%.
As seen above, the Defendants intended to re-re-convert the content of an organic substance by lowering it to 9.1mg/L by 9.1m/L according to the secondary treatment process, which combines 50:50 small conference and organic sludge (hereinafter “the primary treatment water of this case”) with the treatment method of inorganic sludge (hereinafter “the primary treatment water of this case”). The primary treatment water of this case constitutes a recycling method of waste in line with the Waste Management Act, and the primary treatment water of this case is no longer a source for the production of finished products, not waste.
2) In addition, since the Defendants are not recycled products but disposed of at the place of business after treating them in compliance with the waste disposal method (hereinafter “treatment water of this case”), the method of storing wastes is the method of storing them.