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(영문) 울산지방법원 2020.07.23 2020고정378
폐기물관리법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who comprehensively operates and manages the overall business of a company as the adviser of a corporation B, a waste recycling company located in Ulsan-gun, Ulsan-gun, and is a corporation established for the purpose of recycling chips, an intermediate processing wastes, by crushing waste timber in Defendant B.

1. A person who intends to treat Defendant A's wastes shall ensure that wastes are not scattered or leaked in the course of collection, transportation, or storage in accordance with the standards and methods prescribed by Presidential Decree, and shall ensure that the water spaws are not leaked, and where the water spaws are generated, such water spaws shall

Nevertheless, on September 23, 2019, the control date, the Defendant contaminated the surrounding environment by discharging the water from the wastes (e.g., chip) stored in the same workplace, into the outside of the workplace.

2. Defendant B’s adviser, Defendant B, committed the above violation regarding the Defendant’s business at the date, time, and place described in the above paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. A certificate of violation and a certificate of collection of samples;

1. Application of Acts and subordinate statutes to a investigation report (report accompanying the results of an examination of water quality of wastewater, the time when the water is produced and the amount of the leaked water);

1. Article 66 subparagraph 1 of the Wastes Control Act and Article 13 subparagraph 2 of the same Act: Selection of fines under Articles 67, subparagraph 1 of Article 66 and Article 13 of the Wastes Control Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;

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