In the case of recycling wastes, the standards of wastes

[1] Article 2 subparagraph 1 and Article 44-2 of the Wastes Control Act

Defendant 1 and one other

Prosecutor

Daejeon District Court Decision 2001No2022 delivered on May 31, 2002

All appeals are dismissed.

We examine the grounds of appeal.

Article 2 subparagraph 1 of the Wastes Control Act provides that the term "waste" means garbage, materials, sludge, waste oil, waste acid, waste eggs, dead bodies of animals, etc., which have become unnecessary for human life or business activities. Thus, even if the substance is supplied as a raw material for recycling, it does not lose the nature of the substance (see Supreme Court Decision 2001Do70, Jun. 1, 2001). However, in cases where a finished product is produced after being processed by means of crushing, screening, ventilation, mixing, and lodging, even if it did not yet reach the finished product in light of the intent of the person who receives the material, and the nature and nature of the material, if it was objectively approved by social norms as necessary for human life or business activities through the above processing process, it cannot be said that the substance has lost its nature as a finished product from that time, and thus, it does not constitute a waste disposal, namely, it is not necessary for the substance to be used as a raw material for manufacturing.

Meanwhile, Article 44-2 of the Wastes Control Act provides that a person who recycles commercial wastes shall be equipped with a specific storage facility and recycling facility necessary for the performance of the relevant business. Thus, on the sole basis of the fact that Article 44-2 of the Wastes Control Act provides that a person who recycles commercial wastes shall be equipped with a certain storage facility and recycling facility, it shall not be deemed that the relevant treatment falls under the wastes of Article 2-1 of the Wastes Control Act.

The court below held that the substance of this case, such as incineration, burning, and inorganic sludge, has undergone processing processes such as crushing, screening, ventilation, mixing, and sediment, etc. by bringing in wastes such as incineration, burning and inorganic sludge, and that it was recognized that it was used as a raw material for the production of building materials such as brick immediately after mixing it with cement, and that it had already lost its characteristic as a waste and has been debrised as a raw material for the production of finished products. In light of the above legal principles and records, the above judgment is just and it is not erroneous in the misapprehension of legal principles as to the Wastes Control Act, as otherwise alleged in the ground of appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jin-hun (Presiding Justice)