The defendant's appeal is dismissed.

The motion for adjudication on the constitutionality of the instant case is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant was indicted for failing to keep wastes in an appropriate place, such as storage facilities or temporary storage facilities in the permitted place of business, the Defendant did not explicitly set the storage facilities within the place of business at the time of permission for the comprehensive waste recycling business, and the Defendant was believed to have stored wastes in the product storage facilities, not outside the place of business, and thus, the Defendant did not intend to commit a violation of the law.

B. In addition, although the Defendant was indicted for storing wastes in excess of the permissible volume of waste storage, the Defendant did not have any intent to commit a violation of the law, since he stored wastes temporarily in excess of the permissible volume of waste storage to store wastes in advance when the price of waste fibers is good due to the supply and demand circumstances.

C. Since waste stored by the Defendant does not lead to the discharge of waste fiberss, or the degree of harm to human health or the environment, the degree of violation is insignificant and Article 83(2)1 of the Enforcement Rule of the Wastes Control Act provides that the disposal shall be mitigated to “where the degree of violation is insignificant and there is no surrounding environmental pollution due to it, or it does not affect human health.” Thus, the Defendant’s act of storing waste fibers as recorded in the facts charged constitutes a justifiable act that does not go against social norms.

The former Wastes Control Act (amended by Act No. 16614, Nov. 26, 2019)

(hereinafter the same shall apply.

Article 25 (9) 1 and 2 of the Wastes Control Act (amended by Act No. 16614, Nov. 26, 2019) where the act of violation is punished pursuant to Article 66 (9).

The obligation to comply with waste disposal business operators of Article XXV(9)1 and 2, and the detailed classification and classification number of the general wastes in the workplace, such as this case, is 51-27-02.