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(영문) 인천지방법원 부천지원 2014.01.29 2013고정1596
건설폐기물의재활용촉진에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A construction waste discharger who violates the Act on the Promotion of Construction Wastes Recycling shall investigate the quantity of each kind of construction waste generated in the relevant construction work and prepare a waste disposal plan based on the results thereof and report it to the Governor of a Special Self-Governing Province

Nevertheless, B requested Kimpo-si to remove a building located on the ground of Kimpo-si without filing a construction waste discharge report on Kimpo-si, and as a result, Defendant A moved the construction waste equivalent to approximately KRW 175 tons, which occurred after the removal of the building around March 16:30, 2013, into D's place of business, a waste disposal business entity.

Accordingly, Defendant A conspired with B to discharge construction waste without filing a construction waste discharge report.

2. Any business operator who discharges designated wastes prescribed by Ordinance of the Ministry of Environment in violation of the Wastes Control Act shall submit a waste disposal plan and other documents to the Minister of Environment for verification before disposing of such wastes;

Nevertheless, B shall request the Minister of Environment to remove the above building without verification by submitting the documents on waste disposal plans, etc. to the Minister of Environment. Accordingly, Defendant A transferred the asbestos slate equivalent to approximately 0.8 tons of designated wastes, which occurred after the removal of the above building around the morning on March 21, 2013, to E in Kimpo-si.

As a result, Defendant A conspired with the Minister of Environment to discharge designated wastes without obtaining confirmation on the waste disposal plan, etc.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused and the B;

1. The police statement concerning F;

1. Investigation report (whether a suspect B falls under the business operator who discharges designated wastes provided for in Article 17 (3) of the Wastes Control Act);

1. Application of the law of accusation, on-site photographs, and written confirmation of the violation.

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