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The judgment below is reversed, and the case is remanded to Jeju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Before the former Wastes Control Act was amended by Act No. 10389, Jul. 23, 2010
A. The Act provides that “the Act shall be
According to Article 2 subparag. 1 and 3 of the Act, “waste” subject to the Act refers to waste, etc., which is no longer necessary for human life or business activities, and “commercial waste” refers to waste generated from a place of business that installs and operates emission facilities under the Clean Air Conservation Act, etc. or from other places of business prescribed by Presidential Decree (Article 2 subparag. 1 and 3 of the Act). The Enforcement Decree (amended by Presidential Decree No. 24543, May 28, 2013) pursuant to the delegation provision of the Act
I. The Enforcement Decree (hereinafter referred to as “Enforcement Decree”)
Article 2) Article 2 provides for the “workplace” that generates industrial wastes. The most place of business is naturally scheduled to discharge wastes, such as wastewater terminal treatment facilities, public sewage treatment facilities, excreta treatment facilities, and waste treatment facilities (Article 1(1) through (6). As such, a place of business that discharges not less than an average of 300 kilograms of wastes per day (Article 7) and a place of business that discharges not less than five tons of wastes (Article 5(8)) from the commencement to the completion of the construction, and finally, a place of business that discharges not less than five tons of wastes from the commencement to the completion of the construction work (excluding the construction work under subparagraph 8) (Article 9).
In light of the contents and legislative intent of the above statutory provisions, Article 2 subparag. 9 of the Enforcement Decree, which provides for the place of business discharging wastes, shall be construed as a provision that comprehensively regulates facilities, etc. discharging at least five tons of wastes temporarily or once other than those referred to in subparagraph 7 or 8 which continuously discharge wastes.