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(영문) 인천지방법원 2017.06.09 2016노4849
폐기물관리법위반
Text

The judgment below

Among the Seo-gu Incheon, the violation of the Waste Management Act due to illegal reclamation of wastes in the area of 24,171 square meters.

Reasons

1. The summary of the grounds for appeal (deficial mistake) ① The JAH merged with the LAF on October 2009, and changed its trade name to the LAB on March 201, 201, after it was merged with the LAF. The LAH changed its trade name. hereinafter “J”).

(2) The court below found the Defendants not guilty of the charges of this case on each of the following facts: (a) in light of the following: (b) on January 4, 2001, the Minister of Seo-gu Incheon Metropolitan City proposed a plan to maintain and restore recyclable aggregate at a maximum diameter of less than 100 meters and the content of foreign substances maintained at a level below 1%; (c) on each of the land listed in the facts charged in the relevant civil litigation, the content of foreign substances was 6.4%; (d) the content of foreign substances was investigated at 21.7%; and (d) the witness X, Y, and Z testimony was found not guilty of the facts charged of each of the charges of this case on each of the following grounds: (a) in order to recycle wastes for the use of recycled aggregate, etc. in the construction waste-related provisions, the maximum diameter of which is less than 100 meters; (b) the content of foreign substances was less than 10%; (c) the content of foreign substances was found not guilty on each of this case’s construction.

2. Determination

(a) An ex officio determination 1) No person charged with a part of the facts charged shall reclaim or incinerate wastes at a place other than the waste disposal facilities permitted, approved, or reported pursuant to the Waste Management Act.

Nevertheless, from May 1997 to February 201, 201, the Defendants conspired to collect stone, and received a large amount of restoration materials as approved by the Defendants, while restoring a large amount of land at 24,171 square meters in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “each of the instant lands”) including 13 and unregistered land (co-owned waters green areas).

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