Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A fails to pay the above fine; 50.

Punishment of the crime

Defendant

B The farming association is a corporation established for the purpose of wholesale and retailing agricultural products, and the defendant A is the representative of the above B farming association.

1. The head of a Si/Gun/Gu shall ensure that the water produced is not leaked in the course of collecting, transporting, and storing wastes, and wastes shall be treated at a waste disposal facility or recycling facility;

The Defendant, from September 2006 to December 2012, 2012, when agricultural products were decomposed, such as a scooma and scood, kept in low temperature storage, etc. at the places of business of a farming association corporation located in Gyeonggi-gun, the Defendant buried waste of 66 tons by using an excavated machine in the site of the said place of business.

2. The Defendant B, at the time and place specified in the preceding paragraph, buried wastes in a place other than the waste disposal facilities or recycling facilities as above, where the Defendant’s representative was involved in the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Reporting on investigation (report on detection of violation of the Wastes Control Act);

1. The current status of photographs;

1. Judgment on the Defendants’ and their defense counsel’s assertion of business registration certificate

1. The assertion (1) The agricultural products that are decomposed, such as the above height and waves, are not wastes (commercial wastes) under the Wastes Control Act.

② The aforementioned height-of-counters, spawns, etc. were buried together with soil for a certain period, not for use as composts after the lapse of a certain period.

2. Determination

A. First, we examine whether perishable agricultural products, such as the above Go-gu and spati, are wastes as provided in the Wastes Control Act.

폐기물관리법 제2조 제1호에서 “폐기물”이란 쓰레기, 연소재(燃燒滓), 오니(汚泥), 폐유(廢油), 폐산(廢酸), 폐알칼리 및 동물의 사체(死體) 등으로서 사람의 생활이나 사업활동에 필요하지 아니하게 된 물질을 말한다고 정하고, 같은 조 제2호에서 “생활폐기물”이란 사업장폐기물 외의 폐기물을 말한다고...