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(영문) 대법원 2018.12.28 2018도12668
폐기물관리법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on “the part of innocence” under Article 63 subparag. 1 of the former Waste Management Act (amended by Act No. 11914, Jul. 16, 2013) and Article 63 subparag. 1 of the former Waste Management Act (amended by Act No. 12321, Jan. 21, 2014) and each subparagraph of Article 63 subparag. 1 of the Waste Management Act, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the scope of application of the Waste Management Act is not a legitimate ground for appeal since the defendant's ground for appeal or the court below's decision did not have any such ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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