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(영문) 대구지방법원 김천지원 2017.04.17 2016고정564

전기용품안전관리법위반

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Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Facts charged;

(a) A manufacturer of electrical appliances subject to safety verification shall undergo safety verification tests by the safety certification institution or the safety verification testing institution for each type of electrical appliances model subject to safety verification, and shall directly verify that the relevant electrical appliances conform to the safety standards, and then report the fact to the Minister of Trade, Industry and Energy.

Nevertheless, from July 1, 2016 to February 2, 2016, the Defendant manufactured 3D printer ( model name: Cmaker) 15 electrical appliances without reporting electrical appliances subject to safety verification within the business place located in the Gu and America.

B. Defendant B (Representative A) and at the time and place under the preceding paragraph, A, the representative director of the Defendant, performed the above act in relation to the Defendant’s business.

2. Determination

A. According to Article 11(1) and Article 25 subparag. 2 of the former Electrical Appliances Safety Control Act (wholly amended by Act No. 13859, Jan. 27, 2016) of the same Act, “electric appliances subject to safety assurance” means “electric appliances subject to safety assurance” after undergoing a safety verification test conducted by a safety verification testing agency, and after self-verification that the relevant electric appliances meet the safety standards, the relevant electrical appliances must be reported to the Minister of Industry and Energy, and those who manufactured or imported the electric appliances subject to safety verification without reporting safety verification in violation of this Act are punished.

According to the Enforcement Rule of the same Act, electrical appliances subject to safety verification are to use all interchanges or directs with not more than 1,00 voltss (Article 3(2) of the Enforcement Rule), which provide the target and term of validity in attached Table 3, and according to attached Table 3-10(information and communication office equipment) of attached Table 3, the term “other devices similar to the above equipment” is defined in item (b).

(b) 3D printers submitted by a prosecutor as to whether they constitute electrical appliances subject to safety verification.