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(영문) 대구지방법원 포항지원 2014.01.08 2013고정486
폐기물관리법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

(a) Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes violating the Wastes Control Act shall submit a waste treatment business plan to the Mayor/Do Governor and obtain permission therefor;

Nevertheless, on January 7, 2012, the Defendant, without obtaining permission for waste collection and transportation business, collected and transported 2,00 g (2 tons) scrap metal, which is a waste generated from Liberian nationality D, anchored at the wharf at the port of the port of the port of the port where Cheong-dong, Nam-gu, Chungcheongnam-gu, Magdong, and collected and transported 389.9 tons of scrap metal, a total of 227 times, as shown in the annexed list of crimes, from that time until January 23, 2012.

(b) Any person who intends to conduct harbor transport-related business shall register with the administrator of a regional maritime affairs and port office by harbor or by business type;

Nevertheless, the Defendant did not register the port service business with the Port and Port Authority, and operated the port service business by collecting and transporting wastes from ships, as described in paragraph (1).

2. Determination

A. The Defendant and his/her defense counsel asserted that the person who collects and transports scrap metal is not subject to permission under Article 25(1) of the Wastes Control Act, but subject to reporting in accordance with Article 46 of the same Act. The Defendant’s place of business is less than 2,00 square meters in size, and thus does not constitute a crime of violating the Wastes Control Act.

Pursuant to Article 25 (1) of the Wastes Control Act, a reporter of a waste disposal business is not subject to permission for waste disposal business, and a person who collects and transports waste and scrap metal shall be subject to reporting in cases where the scale of business, etc. meets the criteria prescribed by Ordinance of the Ministry of Environment pursuant to Article 46 (1) 2 of the same Act, and pursuant to Article 66 (5) 2 of the Enforcement Rule of the Wastes Control Act, the scale of business in a Si/Gun area shall be 2

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