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(영문) 대전지방법원천안지원 2020.12.04 2020고단2248
폐기물관리법위반
Text

Defendants shall be punished by a fine of seven million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A limited partnership company B (hereinafter referred to as “B”) is a corporation that has its head office in Seo-gu, Seo-gu, and D and engages in the collection of earth and rocks and the sale of aggregate, etc., and Defendant A is a general manager of B,000 points located in Dong-gu, Nam-gu, Dong-gu, Seoul.

1. No person who has obtained permission or approval, or who has filed a report shall reclaim wastes in any place other than waste disposal facilities;

The Defendant buried 5,100 tons in total five times from the beginning of March 2020 to the end of July 2020, when he did not obtain permission, approval, or report on the reclamation or incineration of waste from the Republic of Korea, Dong-gu, Dong-gu, Dong-gu to the end of July 2020, including the reclamation of 5,00 tons of sand (i.e., industrial waste generated in the process of producing sand at B, as shown in the list of crimes, from the beginning of March 2020 to the end of July 200, as shown in the list of crimes.

Accordingly, the Defendant buried wastes in a place other than a waste disposal facility permitted, approved, or reported.

2. The Defendant Limited Partnership Company, at the time and place specified in paragraph (1) above, committed the above violation against the employer A, who is an employer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the location and quantity of sludge taken out, business registration certificates, business trip reports, and investigation reports (determination as to whether business wastes are located);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 2 of Article 63 of the Wastes Control Act and the main sentence of Article 8 (2) of the Wastes Control Act;

(b) Defendant limited partnership company B: Article 67 and Article 63 subparag. 2 of the Wastes Control Act and the main sentence of Article 8(2) of the Wastes Control Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing of Article 334(1) of the Criminal Procedure Act are nearby in violation of the waste disposal standards.

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