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(영문) 대전지방법원 서산지원 2014.11.27 2014고단601
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who serves as a director at the D Leisure Complex in Seosan City C.

No person shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved or reported.

Nevertheless, on December 2, 2013, the Defendant buried construction waste (4,220 g (4.22t) which is industrial waste, such as waste concrete, waste brick, steel bars, etc., generated in the course of extending the building of the said D Leisure Complex to the third to fourth to the fourth floor of the third to the fourth floor, without permission, the Defendant buried the construction waste (4,220 g (4.22t) in the F-owned land located in Seosan City E, Seosan-si, in which the weight measured by including a part of the reclaimed land, which is impossible to separate is 4,20 g (4.22t) of the reclaimed land) without permission. The Defendant incinerated the construction waste without permission by transferring the volume of the construction waste, which is industrial waste, such as PVC, mast, wood, etc., generated in the course of the said construction, to the said land owned by the F-owned land without permission, and then incinerated it [20,

As a result, the Defendant asserts that at a place other than waste disposal facilities, the volume of wastes buried or incinerated by himself does not constitute industrial waste under Article 2 subparag. 3 of the Wastes Control Act and Article 2 subparag. 8 of the Enforcement Decree of the same Act. However, in light of the following circumstances acknowledged by the evidence, the Defendant stated on May 20, 2014 that the quantity of wastes buried at the time of the on-site investigation was approximately 10 tons, and then filled up 30 tons of truck thereafter, the Defendant stated that the quantity of wastes buried at the time of the on-site investigation was less than 5 tons, and that the Defendant stated that the quantity of wastes buried at the time of the on-site investigation was less than 30 tons, or that the amount of buried wastes surveyed by the Defendant during the course of the recovery or the quantity of buried wastes surveyed by the Defendant, it can be sufficiently recognized that the Defendant was more than 5 tons.

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