폐기물국가간이동법의 형사법적 주요 쟁점 - 폐엔진이 수출입규제폐기물에 해당하는지 여부(대법원 2019. 11. 14. 선고2019도6525 판결) 및 수입 개념을 중심으로 -

“The Act on the transboundary Movement of hazardous Waste and their Disposal” was enacted for the purpose of preventing environmental pollution caused by the movement of hazardous wastes from one country to another by accepting the Basel Convention on the Control of Transnational and Their Treatment under the Domestic Act. The Act stipulated that waste that requires import-export regulation and other wastes that require import-export management. In principle, if it does not fall under wastes subject to export or import regulations, it is equivalent to wastes subject to export or import management. There is a point to be noted when interpreting whether the waste engine imported from abroad is an import-export regulated waste under “The Act on the transboundary Movement of hazardous Waste and their Disposal”. The Basel Convention, “The Act on the transboundary Movement of hazardous Waste and their Disposal” and the Enforcement Decree, and the Notice shall be determined by comprehensively considering the structure, wording, content and purpose of the provisions. Therefore, in relation to the interpretation of the notice ‘Metal wastes and wastes of alloys of any of the following’, it is important to consider the relevant laws and regulations comprehensively and systematically, even though it may be natural to interpret them as ‘Metal wastes and wastes of any of the following components’ in English interpretation. Considering these circumstances comprehensively, there is no problem with the existing provisions set out as ‘waste consisting of metal wastes or alloys of the following components’. In other words, it is reasonable to interpret that what the Environment Ministry's notice stipulates is not limited to metal wastes made up of alloys such as antimony, but rather means metal waste itself. And with regard to the term of ‘import’, it is difficult to apply the term of import of the Customs Act as it is, in the case of individual statutes whose legislative purpose or purpose does not coincide with that of the Customs Act, the term of import is not defined separately in the Act. Because of differences in the purpose or scope of the two laws, it is not feasible to apply the term of import under the Customs Act to “The Act on the transboundary Movement of hazardous Waste and their Disposal” as it is. Therefore, it is reasonable to regard bonded areas as subject to “The Act on the transboundary Movement of hazardous Waste and their Disposal”. In other words, the risk of preventing environmental pollution and hindering the improvement of the quality of people's lives is already arising from the amphibious landing or ground transport of such wastes, so bringing them into the country regardless of whether they are bonded zone or not should be regarded as import.