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(영문) 의정부지방법원 고양지원 2021.02.16 2020고정863
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who, on June 30, 2017, operates a mutual freezing warehouse manufacturing company, “C” located in B, at the time of the border-based strike.

1. Any person who intends to dispose of wastes shall comply with the standards and methods prescribed by the relevant Acts and subordinate statutes;

Nevertheless, the Defendant stored and stored wastes, such as waste materials generated from the manufacturing company’s place of business, and on the land of E located in D from around August 14, 2017 to around 90 days from the date of the strike, and stored wastes, such as waste materials generated from the manufacturing company’s site and land. From March 28, 2019 to around 90 days, the Defendant stored wastes, such as waste materials generated from the F’s place of business.

2. The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who causes improper waste treatment to take necessary measures, such as waste treatment, and the person who is ordered to take such measures shall comply with such order;

Nevertheless, the Defendant, on December 16, 2019, ordered the first measure order from the Preferred Market for the wastes described in paragraph (1) (the waste treatment measures up to December 27, 2019), issued on February 24, 2020 the second measure order from the Preferred Market for the second measure (the waste treatment measures up to March 13, 2020; the subsequent revision was made in accordance with the evidence of extension of the time limit for taking the measures up to March 30, 2020).

According to the investigation report on the 66th page of the evidence records where the weight cannot be ascertained within the given period, the public official in charge made a statement that the weight of waste was about 256 t, but it is unclear whether the weight was actually measured or not, and the defendant's statement (5t truck 2-3 large volume wastes remain even after treating 4 large quantities of the 5t truck) is too low in the credibility of the above statement because the excessive weight difference is too low.

An order to take measures shall be issued because waste materials, etc. are not disposed of.

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