All appeals filed by the prosecutor against the Defendants are dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles), Defendant B’s actual performance of the duty to manage and dispose of the instant wastes.

2. Determination

A. The summary of the facts charged is the general manager who manages the Defendant A’s smuggling factory (hereinafter “instant business establishment”) located in P in Pyang-si, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation established for the purpose of manufacturing and selling valves.

1) A person who intends to dispose of wastes shall not pollute the surrounding environment by disposing of wastes in violation of the standards and methods prescribed by Presidential Decree. Where he/she stores designated waste oil, he/she shall pack the floor of cement asphalt and so on so as not to exhaust water, have the roof and walls thereof, and store the wastes in a storage in a size sufficient to prevent leakage of the wastes being stored, in which such facilities are installed.

Nevertheless, on August 25, 2014 and September 24, 2014, the Defendant did not keep waste oil, which is a designated waste at the above workplace, at the aforementioned appropriate storage place, and caused a total of 0.1L of waste oil, to flow it into Macheon which is a public water zone through a cleaning channel.

2) As to the Defendant’s Defendant’s business, the U.S. U. B violated the same provision as the U.S. entry. (1).

B. The lower court determined as follows: (a) Defendant A leased the factory building of the instant workplace to an individual business entity and had the individual business entity operate the factory building at the time indicated in the facts charged; and (b) Defendant A bears the responsibility for its operation from July 14, 2014 to September 15, 2014; (c) and (d) the lessee bears no reasonable doubt on the facts charged by the evidence submitted by the prosecutor alone.