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(영문) 의정부지방법원 2016.07.29 2016고단1726
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Waste Management Act;

(a) A person who leaves farmland he/she cultivates, or recycles livestock he/she raises, of any third person's vegetable residues, food waste, etc., shall report thereon to the competent authority;

The Defendant did not report to the competent authority, and received approximately KRW 41,00 per ton from E, a food waste disposal business entity, from July 2014 to April 2016, 2016, to receive approximately KRW 41,000 per ton, which was operated by the Defendant, and did not follow the feed process, but supplied food waste equivalent to the amount of KRW 6,000 of the 6,000 from the “F,” which was supplied to the Defendant’s chilling facility, and recycled it by using it as raw materials for chickens and compost.

(b) A person discharging industrial wastes shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained permission for the waste disposal business or a reporter of waste disposal;

Nevertheless, from July 2014 to April 2016, the Defendant: (a) obtained the aforementioned “F” from the Habman to the Habman on the ground of the supply of the said “F” as above; and (b) made the amount of manure equivalent to 2,151t without complying with the establishment and designation of a fertilizer process standard publicly announced by the Rural Development Agency in a mixture with approximately 122t of food waste, which is an unregistered feed, and disposed of by providing it to neighboring farmers who did not obtain a license for a waste disposal business or file a report on waste disposal; and (c) made the disposal by entrusting it without compensation.

2. A person who intends to install, or installs and operates, a chickens not less than 3,00§³ in violation of the Act on the Management and Use of Excreta, or a person who is in charge of the installation and operation thereof, shall obtain permission from the competent administrative agency.

From February 25, 2016 to April 2016, the Defendant, without obtaining permission from the competent administrative agency, provided the said “F” with a chiller’s distribution, etc., and raised approximately 35,000 horses, thereby operating a chiller with a size of 4,290 square meters.

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