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(영문) 부산지방법원 2016.07.07 2016고정882
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is the representative director of B, who is the waste disposal company located in Busan Y, and the defendant B is a corporation established for the purpose of incineration and waste recycling business.

1. No defendant A waste treatment business entity shall store wastes in excess of the quantity or period prescribed by Ordinance of the Ministry of Environment;

Nevertheless, on December 3, 2012, the Defendant kept waste oil, the permissible storage quantity of which is 170.59 tons in the place of business of the said stock company B, in excess of 200.21 tons, and kept it in excess of the permissible storage quantity over 106 times, as shown in the list of crimes in attached Table 1 (closed oil). On May 31, 2013, the Defendant kept waste solvents, the permissible storage quantity of which is 27 tons in the place of business of the said stock company B, in excess of 1.62 tons, and kept it in excess of the permissible storage quantity over 48 times, such as the list of crimes in attached Form 2 (closed solvent).

2. Defendant B, Inc., Defendant B, the representative director, committed the same act as that set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness E and F;

1. Requests to investigate violators of the Waste Management Act, public officials' statements, written confirmations, and waste disposal register;

1. A criminal investigation report (Attachment to a ledger for interim disposal of wastes), an investigation report (report on the results of checking the current status of excess of permissible storage quantity);

1. Quantity of wastes stored, cases of requests for approval exceeding the period of storage, and sending written answers to administrative trials due to fire in an incineration facility;

1. Details of the implementation of urban planning projects by non-administrative agencies related to the plan for the development of a non-administrative agency, copies of application for permission, and data concerning permission

1. Report on investigation (verification of the progress of administrative adjudication) and report on investigation (Attachment to a written adjudication on administrative adjudication);

1. Satellite photographs;

1. Application of business registration certificate, permission for interim waste treatment business, statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 66 Subparag. 9 of the Waste Management Act and Article 25 Subparag. 9 of the same Act.

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