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(영문) 부산지방법원 2013.07.10 2013고정2069
폐기물관리법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1) Defendant A is an operator of B Co., Ltd., Ltd., a business of manufacturing ship parts in the Youngdo-gu Busan Metropolitan City, and Defendant B is a corporation that employs the above Defendant and engages in the business of manufacturing ship parts.

1. A person who intends to treat wastes shall collect, transport, and store wastes by classifying them according to the type, nature, recyclability by condition, whether they are inflammable or combustibility, etc., and shall ensure that the wastes are not scattered or leaked;

Nevertheless, from the beginning of December 2012 to the 28th day of the same month, approximately 30 km of ship parts (powerrs, various pumps, etc.) in the place of business located in Busan YY-gu D, Busan Y-gu, while mixing and storing approximately 10 km, such as waste oil, waste sewage, waste sewage, waste sewage, and scrap iron, generated in the course of storing, dismantling, and repairing the ship parts (powerrs, various pumps, etc.) in his/her place of business, and caused the contamination of the surrounding environment by discharging approximately 10 kg of the waste sewage into an excellent pipe, around 28:00 of the same month;

2. Defendant B, an employee of the Defendant, neglected to exercise due diligence and supervision over the Defendant’s business affairs, thereby engaging in the same conduct as the above “1”.

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement of the police statement A;

1. On-site photographs;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Defendant A of the pertinent law on criminal facts: Subparagraph 1 of Article 66 and Article 13(1) of the Wastes Control Act; Article 67, Subparagraph 1 of Article 66, and Article 13(1) of the Wastes Control Act;

1. Defendant A who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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