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(영문) 대전지방법원 2016.11.28 2016고정1253
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A business operator discharging designated wastes prescribed by Ordinance of the Ministry of Environment shall submit a waste disposal plan to the Minister of Environment for verification before disposing of such designated wastes.

Nevertheless, on June 17, 2016, the Defendant removed three existing buildings located in Geumsan-gun B without having submitted a waste disposal plan to the Minister of Environment to obtain confirmation, and removed three slates on the roof (30km).

Accordingly, the Defendant violated the obligations of the industrial waste discharger.

Summary of Evidence

1. Defendant's legal statement;

1. Plans for improper treatment of asbestos slate, etc.;

1. Application of Acts and subordinate statutes confirming violations;

1. Article 66 of the Wastes Control Act and Articles 17 (3) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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