

Crackdown on illegal dumping of waste... “Punishment for dealing with unlicensed companies without knowledge.”
2023-09-27

The Ministry of Environment is expected to strengthen its crackdown on illegal dumping of waste as it implements a waste disposal site information transmission system to prevent illegal activities such as unauthorized waste dumping and landfill starting from the 1st of next month.
The waste disposal site information transmission system is a system to prevent illegal waste generation by preventing workplace waste handlers from entering false waste handover and receipt amounts and collecting and transporting waste using unlicensed vehicles. It was implemented last year starting with construction waste, and will be expanded to include designated waste starting next month.
In addition, starting from the 29th, in order to promote the recycling of construction waste, an alternative fine for business suspension, which was previously up to 100 million won, will be imposed within the range of 5% of sales (up to 200 million won) in case of violation of the Construction Waste Act.
Accordingly, when the administrative disposition of 1, 3, and 6 months of business suspension is replaced with a fine, fines of 20 million won, 50 million won, and 100 million won were imposed, but from now on, a fine equivalent to 2%, 3%, and 5% of the average annual sales of the previous three years will be imposed.
Illegal unlicensed waste treatment plants and illegal dumping of waste are still prevalent, and it is expected that the implementation of this system and amendment of the bill will be effective in preventing damage to land owners and normalizing the circulation of waste.
Companies operating unlicensed waste disposal businesses are carefully dividing roles. On the 22nd, in Changwon, a company was caught illegally landfilling 17,500 tons of waste gypsum at a campsite construction site over several months.
Those who dispose of waste to these companies at low rates may also be prosecuted. If you sign a contract without knowing that it is an unlicensed company, there is a high possibility that you will be subject to legal punishment.
Last June, in Suwon, Mr. A, who runs an unlicensed waste disposal business, and Mr. B, the executive director of a company that signed a business waste consignment contract, were indicted on charges of violating the Waste Management Act.
Mr. A was sentenced to imprisonment for illegally dumping business waste, including waste synthetic resin, on the plaintiffs' land after signing a contract by offering a lower price than the fair market price.
Mr. B claimed that he introduced the company to entrust waste disposal without knowing that it was an unlicensed business. Considering various sentencing conditions, Mr. B was found not guilty.
In response to this, Daeryun Law Firm (Lihan), the legal representative, explained, “Even if you signed a contract without knowing that it was an unlicensed waste disposal company, you will be punished for violating the Waste Management Act. In addition, you may be subject to administrative measures such as business suspension or license cancellation. When signing a contract, it is important to determine whether it is a normal company.”
He added, “Under the Severe Accident Punishment Act, business owners or managers in charge of management must take necessary management measures to fulfill their obligations under safety and health-related laws, and this includes the Waste Management Act.” He added, “The weight of punishment and legal responsibility has increased with the enforcement of the Severe Accident Punishment Act, so if you have been unfairly implicated in a charge, we recommend a prompt response.”
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