The scope of "reclaimed facilities permitted by the Act" as prescribed by Article 7 (2) of the former Wastes Control Act, and the penal provisions applicable to cases where a waste disposal business operator reclaims wastes in any place other than the permitted landfill facilities.

Article 7 (2) of the former Wastes Control Act (amended by Act No. 6627 of Jan. 26, 2002) refers to a facility in the location, size, and form of permission granted by the permission-granting authority. Thus, if the volume of a landfill increases by expanding or rebuilding embankments or expanding the area of a landfill by other means without obtaining permission for change even for a permitted landfill facility, the extended part shall not be included in a legitimate landfill facility under the above provision. In the event a waste disposal business entity illegally expands the area of a landfill by expanding or renovating the area of a landfill without permission, it is reasonable to punish a person in accordance with subparagraph 4 of Article 60 of the same Act on the ground of the violation of the administrative procedure. In the event that a person who has conducted such an act further buried wastes in a place other than a permitted landfill facility, i.e., the expanded part, if the waste was buried in accordance with Article 60 subparagraph 4 of the same Act, the crime of violation of Article 58-2 of the same Act is established.

Articles 7(2), 26(3), 58-2, and 60 subparag. 4 of the former Wastes Control Act (amended by Act No. 6627 of Jan. 26, 202)

Defendant

Defendant

Attorney Noh Tae-tae

Daegu District Court Decision 2005No1510 Decided September 13, 2005

The appeal is dismissed.

Article 7(2) of the former Wastes Control Act (amended by Act No. 627 of Jan. 26, 2002; hereinafter “Act”) provides that “No person shall reclaim wastes in any place other than a landfill facility permitted or approved under this Act,” and Article 26(3) of the former Wastes Control Act provides that “any person who is notified of conformity with the provisions of paragraph (2) shall obtain permission from the competent Mayor/Do Governor for each type of business after having facilities, equipment, and technical capability in accordance with the standards prescribed by Ordinance of the Ministry of Environment. The same shall also apply where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Environment among the permitted matters.” Article 58-2 provides that “any person who has dumped or buried industrial wastes in violation of the provisions of Article 7(1) or (2) shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 50 million won; Article 60 subparag. 4 provides that “Any person who has obtained permission to alter his/her treatment capacity in accordance with the provisions of Article 26(3)” shall be punished by Ordinance of not more than 80.

In Article 7(2) of the Act, the term “waste landfill facility permitted by the Act” refers to a facility that has obtained permission from the competent permitting authority, such as the location, area, size, and type of the facility. If a landfill facility permitted by the competent permitting authority increases the volume of the landfill by expanding or rebuilding embankments or expanding the area of the landfill by other means without obtaining permission for change, the expanded part shall not be included in the legitimate landfill facility as referred to in the above provision of the Act. In addition, in a case where a waste disposal business entity illegally expands the area of the landfill by expanding or rebuildinging the area of the bank without permission, etc. by illegally expanding or expanding the area of the landfill without permission, it is reasonable to punish the person for the violation of the administrative procedure itself in accordance with Article 60 subparag. 4 of the Act. In a case where the person who committed the act is buried in a place other than the permitted landfill facility, the crime punished by Article 60 subparag. 4 of the Act is established in addition to the crime punished by Article 60 of the Act, and if the public prosecutor charged only one of the crimes in question is not prosecuted.

The court below found the defendant guilty of the facts charged in this case by applying the provisions of Article 58-2 of the Act by deeming that the case where the defendant who obtained the final waste disposal business license by constructing a waste landfill and expanding the area and height of the buried waste to be the case where the commercial waste was buried in a place other than the permitted landfill facility as the prosecutor prosecuted. In light of the above legal principles, the above judgment of the court below is justified and there is no error of law by misunderstanding the legal principles as to each of the above penal provisions. In the past, where the person who obtained the final waste disposal business license changes the volume of the landfill by expanding the volume of the buried waste through the expansion, remodeling, etc. of the landfill bank without permission, and then buried the expanded part, the penal provisions of Article 60 subparag. 4 of the Act are not applied exclusively, and the penal provisions of Article 58-2 of the Act cannot be applied, or the part which was permitted to be expanded without permission as an independent opinion that the ground of appeal is not acceptable.

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

Justices Park Si-hwan (Presiding Justice)