A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes without permission shall obtain permission from the competent authority with facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment;

The Defendant, who operates C in Gwangju City, did not obtain permission from the competent authorities from August 2016 to October 2017, collected and transported wastes, such as waste synthetic resin, generated at the construction site without permission from the competent authorities.

2. The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu who has been ordered to take measures with respect to the methods of disposal of wastes shall comply with an order to take measures within such period.

Nevertheless, on September 11, 2017, the Defendant issued an order to dispose of the wastes listed in Gwangju City’s “D” from the Gwangju City Mayor, the competent authority, to October 10, 2017, and issued an order to take measures to dispose of the same content from the said Gwangju City Mayor around October 31, 2017, but failed to comply with the order to take measures by neglecting the said wastes as they are, without justifiable grounds, despite having received an order to take measures to dispose of the same content from the said Gwangju City Mayor until November 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a charge, a report on the results of a business trip, a notice of prior disposition (referring to submission of opinions), an order for restoration to the original state due to a violation of the Waste Management Act, and a report on investigation (referring to submission

1. Relevant legal provisions concerning facts constituting an offense, Articles 64 subparagraph 5, 25 (3) (the point of operating an unauthorized waste treatment business), 65 subparagraph 23, and 48 (the point of non-compliance with an order to take measures) of the Waste Management Act, and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Waste Management Act due to the operation of an unauthorized waste treatment business with heavy punishment);

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.