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(영문) 수원지방법원 2019.08.22 2019고정647

화학물질관리법위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that sells hazardous chemicals in Erified City, and the defendant A is the representative director of B of the corporation.

1. Where a person who has obtained permission to conduct hazardous chemical business intends to change any of the matters specified by Ordinance of the Ministry of Environment among the matters permitted, he/she shall obtain permission for change, and where he/she intends to change other matters

Nevertheless, the Defendant did not obtain permission for change as prescribed by Ordinance of the Ministry of Environment from September 2017 to June 2018, 2018, sold 2-Stockholm (CAS No. 110-80-5, 99.5%) 760km and sold 33,300km (CAS-NO 64-18-6, 85%) which are substances requiring preparation for accidents.

2. Defendant B, the Defendant, at the same time, at the place as in paragraph (1), and at the same time and place, A, the representative of the Defendant, committed a violation as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of detection and written confirmation of violation;

1. The current status of total sales of the exposed materials, the monthly sales status of the exposed materials, and the application of statutes of the specifications of the exposed products;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 61 subparag. 4 and Article 28(5) of the Chemicals Control Act, the selection of fines

(b) Defendant B: Articles 63, 61 subparag. 4, and 28(5) of the Chemicals Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: In light of the same kind of records of the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of fine for the summary order cannot be deemed to be imposed.