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(영문) 대구지방법원 경주지원 2019.05.29 2019고단45
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who jointly runs a place of work where waste synthetic resin is collected in the name of “D” in B (Suspension of Prosecution) and in the name of “D”.

【2019 Highest 45】

1. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes engaged in an unauthorized waste treatment business shall obtain permission from the Minister of Environment or the competent Mayor/Do Governor;

Nevertheless, the Defendant, in collusion with B, did not obtain permission for the racing market, carried on waste disposal business by collecting approximately 4,00 tons, which were transported at 22 places of waste collection transport companies from March 10, 2017 to April 14, 2017, and storing them in the said “D” workplace.

2. Any person who fails to comply with an order to take necessary measures, such as disposal of wastes, shall comply with such order, if the competent authority orders to take such measures.

Although the Defendant, in collusion with B on July 12, 2017, did not properly dispose of the foregoing wastes until September 11, 2017, even though he/she was ordered to take measures to take the following purport: “Around September 11, 2017, approximately KRW 4,000 tons of wastes in inappropriate storage in racing C from the racing market until September 11, 2017.”

B. The Defendant, in collusion with B on October 18, 201, did not properly dispose of the foregoing wastes until December 17, 2017, in collusion with the second non-compliance order issued by the Defendant to the effect that “Around December 17, 2017, approximately 4,00 tons of wastes in improper storage in racing C are properly disposed of” from the racing market.

C. On January 4, 2018, the Defendant, who failed to comply with the third order to take measures, was ordered by the racing market to take measures to the effect that “a waste of approximately KRW 4,000 tons, which is in improper storage in racing C, from March 4, 2018, is properly treated until March 4, 2018.”

On March 21, 2018, the defendant who failed to comply with the fourth order to take measures is from the racing market on June 20, 2018.

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