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(영문) 광주지방법원 순천지원 2015.04.17 2015고정92
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. A business operator discharging designated wastes set forth in subparagraph A shall submit a waste treatment plan and other documents to the Minister of Environment for verification before disposing of such wastes, and shall dispose of wastes generated from his/her place of business directly or upon entrustment to a person who has obtained a license

Nevertheless, at around 14:00 on July 8, 2014, the Defendant entrusted the disposal of approximately 0.5 tons of waste poisonous substances to E, a removal company that did not obtain a license for waste disposal business, at D laboratories affiliated with the fourth floor of C Joint Practice Laboratory, including sulfur, etc.

2. Defendant A, an employee of Defendant Pacific Co., Ltd., entrusted the removal company with approximately 0.5 tons of waste toxic substances without obtaining a license for waste disposal business without obtaining confirmation on waste disposal at the time and place specified in paragraph (1) regarding Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, H, I, and J;

1. Poisonous substances photographs (fire explosion sites);

1. Submission of a plan for the treatment of waste poisonous substances and a traffic control plan;

1. A fire site survey report;

1. Application of Acts and subordinate statutes to a license for the lease of the case research room (C);

1. Defendant A of the pertinent legal provisions on criminal facts: Articles 65 subparagraph 2, 18 (1) of the Wastes Control Act (the act of entrusting the disposal of wastes to an enterprise that has not obtained a license for a waste disposal business), Article 66 subparagraph 4, and Article 17 (3) of the Wastes Control Act (the act of failing to obtain verification prior to the disposal of designated wastes) and Articles 67, 65 subparagraph 2, and 18 (1) of the Wastes Control Act (the act of entrusting the disposal of wastes to an enterprise that has not obtained a license for a waste disposal business), Articles 67, 66 subparagraph 4, and 17 (3) of the Wastes Control Act (the act of failing to obtain verification prior to the disposal of designated wastes by an employee A of the Defendant);

1. Defendants who choose the punishment: each of them shall be punished by a fine.

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