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(영문) 창원지방법원 2016.02.17 2015고단3054
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 15,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant B”) is a corporation that operates civil engineering and construction works, and Defendant A is appointed as the representative director of Defendant B around June 21, 2013 and carries out affairs related to the field of Defendant B located in the area south of the Gyeongnam.

On September 4, 2003, the F Co., Ltd. acquired the site of the H Co., Ltd. of the former G G and 8 lots in the Chang-si, Chang-si, Seoul. On January 12, 2009, the F Co., Ltd. purchased approximately KRW 780,00 tons from the I Co., Ltd., and stored waste rocks, which are commercial wastes, in the above site. On December 30, 2009, the F Co., Ltd. divided it from F, Ltd. and transferred its business related to the above land and waste, and kept the above waste rocks.

Defendant

B The wastes were stored for more than 90 days, and the water from which the water was produced.

1. On June 30, 2014, Defendant A received an order from the head of Jinhae, the head of the Gu (hereinafter “the head of the Gu”) to take measures that “The head of the Gu did not comply with the standards for disposal of waste materials (waste rocks) in the former H site from June 30, 2014 to June 29, and thus, failed to comply with the order to take measures, and thus, failed to dispose of all waste rocks kept in his/her custody in excess of the period for storage,” and failed to comply with the above order for measures because he/she did not dispose of them in excess of the period for storage.”

2. Defendant B failed to comply with an order given by the representative of Defendant B to take measures regarding Defendant B’s business at the time and place described in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of accusation, accusation, and public official in charge of each company violating the Wastes Control Act;

1. Attachment of field photographs;

1. Responses to the results of waste inspection;

1. Notice of an order to take measures with respect to waste treatment (4j), urging for implementation of an order to dispose of wastes, etc.;

1. Application of statutes on business registration certificates;

1. Defendant A of the relevant Act on criminal facts: Article 65 subparag. 10 of the Waste Management Act and Article 48 subparag. 10 of the same Act, Defendant B: Articles 67 and 65 subparag. 10 of the Waste Management Act.

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