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(영문) 의정부지방법원 2020.04.09 2019고정1503
폐기물관리법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant operates D, a comprehensive recycling company that produces recyclable materials in W and C in Macheon-si.

An industrial waste discharger shall dispose of wastes generated from his/her place of business by himself/herself, or by entrusting them to a person who has obtained permission for waste disposal business under the Wastes Control Act, a person who has filed a report on waste disposal, a person who has installed and operates waste disposal facilities, a person who has obtained permission for construction waste disposal business under the Act on the Promotion of

Nevertheless, from February 2014 to November 23, 2018, the Defendant disposed of total sum of 8,550km (PE, PP, etc.) of waste synthetic resin (PP, etc.) located in a place of business, which is located in the waste voltage network, using the electric sea route installed voluntarily, not waste disposal facilities permitted, approved, or reported at the said place of business.

2. The summary of the defendant's and his defense counsel's assertion is acknowledged that the defendant used hydrotensions electrical damage, which is a waste disposal facility that has not been permitted, approved, or reported by the defendant, but Article 65 subparagraph 11 of the Wastes Control Act and Article 18 (1) of the Wastes Control Act explicitly stated as applicable provisions of law, are illegally buried without disposing of commercial wastes.

Where the disposal of industrial wastes is entrusted to a waste disposal business operator, etc. who has not obtained permission or registration, a regulation punishing the commercial waste discharger, and the defendant's act of disposing of industrial wastes by using the above electric sea does not constitute a violation of the above applicable provisions.

3. Article 60 Subparag. 2 of the former Wastes Control Act (amended by Act No. 8213, Jan. 3, 2007; hereinafter “Act”) provides that “a person who treats commercial wastes in violation of Article 25(1) of the Act shall be punished.” Article 25(1) of the Act provides that “a person discharging commercial wastes shall be punished.”

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