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(영문) 수원지방법원 2018.06.21 2018고정275

어린이제품안전특별법위반

Text

Defendants shall be punished by a fine of 2,000,000 won.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B in the area of the wife population C, and B is a corporation that is engaged in export and import business.

An importer of products for children subject to safety assurance shall verify that the products meet safety standards after undergoing testing and inspection on the safety by testing and inspection institutions designated for each model of the product, and shall report to the Minister of Trade, Industry and Energy.

1. From September 1, 2014 to October 18, 2017, Defendant A imported 503 'E', which constitutes products for children subject to safety verification manufactured in French enterprises D, and distributed them to Korea without conducting complete testing and inspection in accordance with the safety standards for the product for children, or without reporting safety verification.

2. As to the business, Defendant B, a representative, did not perform his duties with due care and supervision to prevent the violation as described in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation against an importer of illegal products for children;

1. Application of Acts and subordinate statutes to field certificates, written statements, business registration certificates, documents of import declaration, and photographs of products;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 41(1)12, and Article 22(1) of the Special Act on the Safety of Products for Children (excluding punishment);

(b) Defendant B: Article 42 of the Special Act on the Safety of Products for Children, Article 41(1)12, and Article 22(1) (excluding punishment)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act