All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal is merely that the Defendants were engaged in the waste collection and transportation business and intermediate disposal business, who did not reclaim inflammable wastes, but carried them into the metropolitan area reclamation area. However, the lower judgment convicting the Defendants of the charges under the premise that the Defendants did not constitute “the person who buried the wastes” under Article 65 subparag. 1 of the Wastes Control Act, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. The lower court’s judgment that found the Defendants guilty of the charges on the premise that the Defendants did not constitute “the person who buried the wastes” is unfair.

2. Article 13(1) of the Wastes Control Act provides that any person who intends to treat wastes shall comply with the standards and methods prescribed by Presidential Decree. Article 7(1)11 of the Enforcement Decree of the Wastes Control Act (amended by Presidential Decree No. 24119, Sept. 24, 2012; Enforcement Decree No. 2419, Sept. 24, 2012); Article 7(2)3 of the Enforcement Decree of the Wastes Control Act (amended by Presidential Decree No. 24119, Sept. 24, 2012) provides that any recyclable industrial wastes shall be recycled; Article 14 [Attachment Table 5] 3 of the Enforcement Rule of the Wastes Control Act provides that any person who intends to dispose of wastes shall be punished by imprisonment with prison labor or a fine against any person who

Meanwhile, “a person who buried wastes” under Article 65 subparag. 1 of the Wastes Control Act includes a person who causes another person to reclaim wastes (see, e.g., Supreme Court Decisions 97Do2214, Sept. 8, 1998; 2009Do6793, Oct. 13, 201). The Defendants, who did not comply with the standards under the Enforcement Decree and the Enforcement Rule of the Wastes Control Act as prescribed by Article 13(1) of the Wastes Control Act, brought the wastes into the Seoul Metropolitan area into the Seoul Metropolitan Area to the extent that they are not aware of such fact.