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(영문) 대구지방법원 영덕지원 2016.06.01 2015고정102
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of dismantling structures and dismantling asbestos, etc., and Defendant A is the actual operator of the above company.

1. Defendant A

(a) No person shall reclaim or incinerate wastes in any place other than waste treatment facilities permitted, approved, or reported for such incineration;

Nevertheless, around November 3, 2014, the Defendant arbitrarily incinerated combustible asbestos, such as waste timber and waste synthetic resin, generated at the place, while dismantling F buildings owned by E and disposing of waste asbestos, which are designated wastes discharged in the process, in light of the process, around November 12:30, 2014.

(b) A person who intends to treat wastes classified as designated wastes for unauthorized transportation of wastes shall obtain confirmation of a waste disposal plan from the Minister of Environment;

Nevertheless, on November 5, 2014, the Defendant, without having confirmed the waste disposal plan, transported waste asbestos 366.04 square meters, which is a designated waste discharged in the process of removing the said F F building as a tent at around 11:30 on November 5, 2014, to Daegu KaTol University Hospital, and disposed of it.

2. Defendant B corporation

A. The Defendant, as described in paragraph (1) of this Article, committed a violation against Defendant A, who is the operator of the Defendant’s business.

B. The Defendant committed the Defendant’s act of unauthorized transportation of designated wastes, as described in paragraph (1)(b), committed the Defendant’s act of violation.

Summary of Evidence

Part of the Defendants’ respective legal statements against Defendant A, G of the suspect interrogation protocol for Defendant A, each police statement for Defendant A, and each police statement for H, a photo site, business trip name, general building register, asbestos dismantling and removal work report, a business registration certificate, a request for administrative disposition for waste collection and transportation companies, a waste incineration-related engineer, a waste disposal planning report, and a waste disposal plan.

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