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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a waste disposal business entity that has obtained a license for interim waste recycling business in Kimhae-si, and operates a “D” place of business.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

From January 2016 to October 18, 2016, the Defendant kept approximately six tons of waste synthetic resin, which is a waste entrusted within the said D’s place of business, at a place other than the storage facility permitted.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of public officials' statements, results of calculating the quantity of storage, ground plans, site photographs, copies of permission for interim recycling business, drawings of storage facilities, and statutes on waste storage photographs;

1. Article 66 subparagraph 9 of the relevant Act concerning facts constituting an offense and Article 66 subparagraph 1 of the Wastes Management Act that choose to impose a penalty (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel purchased the waste synthetic resin as indicated in the judgment (hereinafter “the waste synthetic resin”) by recycling them as renewable raw materials and stored them without any possibility of water generation. Thus, the waste synthetic resin price of the instant case does not constitute “waste” under the Waste Management Act.

The argument is asserted.

However, Article 2 subparag. 1 of the Wastes Control Act refers to materials, such as garbage, annual materials, sludge, waste oil, waste acid, waste alkh, animal carcasses, etc., which have become unnecessary for human life or business activities.

Article 4-2(1) [Attachment 4] of the Enforcement Rule of the same Act provides for detailed classification of wastes by type. This is a general waste of a workplace, which refers to "the kinds of waste water (51-03-01)" (51-03-01) and "the area of waste synthetic resin (91-06-01)" (91) and the business operated by the defendant.