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(영문) 청주지방법원 영동지원 2012.05.10 2011고정51
폐기물관리법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. established for the purpose of crushing the aggregate line in the Chungcheongnam-gun C.

Any person who intends to treat wastes shall ensure that wastes are not scattered or leaked in the course of collecting, transporting, or storing, and that the water is not leaked, and where the water is produced from such wastes, he/she shall dispose of it, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, on August 4, 2011, the Defendant stored wastewater treatment sewage, which is an industrial waste, generated from the prevention facilities of gathering earth, sand, and rock, and the treatment facilities of wastewater generated from processing facilities, in the workplace, in an improper manner, at the workplace. Accordingly, the Defendant contaminated the surrounding environment by releasing approximately 30 g/L, which is about 1.75 metres, from approximately 30 mg/L, which is the legal permissible limit for the permissible discharge of the water from wastewater treatment sewage, to neighboring agricultural waterways, and discharging approximately 1.7 mg/L, which is about 1.75 mn of the water from the wastewater treatment facilities, to neighboring forests and fields.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes to the control reports on improper storage of industrial wastes, field photographing photographs, results of the inspection of waste water treatment, investigation reports (a copy of the relevant Acts and subordinate statutes), certified transcript of corporate register,

1. Article 66 subparagraph 1 of the Wastes Control Act and Article 13 (1) of the same Act concerning facts constituting an offense;

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

1. The Defendant asserts that the Defendant’s assertion on the provisional payment order violates the clarity and equity principle by clearly stipulating whether to impose punishment or fine for negligence in any case depending on whether the Wastes Control Act is contaminated or not, and thus, the Defendant is not guilty.

A surrounding area by storing and disposing of sprinks and wastes in violation of the standards and methods for storage and disposal of such wastes.

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