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(영문) 수원지방법원 2020.10.22 2020고정1130
폐기물관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. operates the wood household manufacturing business at C at the time of harmony, and the defendant A is the representative of B.

1. No person who intends to reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

Nevertheless, on February 6, 2020, the Defendant retired waste timber, which is a place of business, generated in the process of manufacturing a timber household at the above place of business, by using a wooden stove, which is not a waste disposal facility reported to the competent authority, after obtaining permission or approval from the competent authority, or reporting to the competent authority.

2. Defendant B, the representative of the Defendant, at the time and place specified in Paragraph A(1), retired a forest stoves using a chemical stoves, which is not a waste disposal facility reported or permitted to report waste at the place of business, thereby committing a violation of the law regarding the business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of a violation confirmation, on-site photograph, certificate of report on the installation of air emission facilities, and business registration certificate;

1. Article 63 subparagraph 2 and Article 28 (2) of the Wastes Control Act; Article 67 and subparagraph 2 of Article 63 of the Wastes Control Act; Article 67 and Article 8 (2) of the Wastes Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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