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(영문) 광주지방법원 2018.05.17 2016고정1946
폐기물관리법위반
Text

The Defendants are not guilty. The summary of each acquittal judgment against the Defendants is publicly announced.

Reasons

1. The assertion;

A. Summary of the facts charged 1) - 2016, fixed 1946, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation with the purpose of waste recycling business, and Defendant A is the representative director of the Defendant Co., Ltd.

A) While Defendant A was prohibited from storing waste for more than 30 days, Defendant A stored food waste 1,102 tons of food waste in the Defendant Company’s place of business located in the Namyang-gun Co., Ltd. from November 12, 2014 to September 2, 2015.

B) A, the representative of the Defendant Company, stored wastes in excess of the aforementioned storage period in relation to the Defendant Company’s business at the above date and place.

2) Revised permitted matters without permission - Defendant A, the Defendant of 2017 and 15, obtained a comprehensive waste recycling business license for only food wastes, but changed the matters to be permitted for waste treatment business without permission by bringing in and disposing of vegetable residues among the industrial wastes discharged from eight enterprises, such as D, etc., from November 27, 2014 to May 24, 2016, as shown in the list of crimes attached hereto, from around November 27, 2014.

B. The summary of the Defendants’ assertion 1) The fact that the Defendant Company’s place of business related to the storage of wastes in excess of a certain period was kept in a post-confection is either in a state of not packaging or at least in a state of raw materials for the production of compost, not food wastes

2) Until the Enforcement Rule of the Waste Management Act was amended on March 3, 2015, the food wastes were defined as one of the workplace wastes, and there was no separate provision for food wastes. As such, only a license for food wastes recycling business was capable of disposing of the same and plant residues.

B) There is no intention or intention with respect to any act after the Enforcement Rule of the Waste Management Act was amended.

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