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(영문) 서울동부지방법원 2016.11.08 2016고정873

화학물질관리법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who manufactures and sells the tax administration system with the trade name “D” in Nam-gu Incheon Metropolitan City C.

Any person who intends to conduct hazardous chemical business shall obtain permission from the competent authority.

From March 29, 2013 to November 23, 2015, the Defendant manufactured and sold hazardous chemicals for the above period without obtaining permission from the competent authorities, using stuffs for cleaning walls other than buildings containing fluor oxides which are hazardous chemicals, and selling 20 liters to F in Gwangjin-gu Seoul Special Metropolitan City for 60,000 won.

Accordingly, the Defendant carried on hazardous chemical business without permission from the competent authorities as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each investigation report (a report on confirmation of whether to grant permission for the manufacture of hazardous chemicals, a report on confirmation of addition to fluorine, fluorium content, a report on the results of inspection of fluorium content, D telephone orders, filing a report on adjusting details of D telephone orders, attaching materials for presentation on the standard industry for safety labelling and industrial products) and the application of Acts and subordinate statutes as a result of testing

1. Article 58 of the Chemicals Control Act and Articles 58 subparagraph 4 and 28 of the same Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserted in Article 334(1) of the Criminal Procedure Act that the instant place of business falls under the scope of exemption from permission to conduct hazardous chemicals business, and the place of business where the instant place of business uses not more than 60 tons per year pursuant to Article 29 subparag. 4 of the Chemicals Control Act and Article 31 of the Enforcement Rule of the Chemicals

It argues that this cannot be punished even if it is not punishable.

However, Article 31 (2) through (3) of the above Enforcement Rule provides that if the quantity used is below a certain quantity, it shall be subject to exemption from permission to conduct hazardous chemical business.