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(영문) 수원지방법원 안산지원 2018.11.13 2018고단3385

화학물질관리법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a producer of paint in Ansan-si, a member-gu, and the defendant A is a representative director who has overall control over the business of the above company.

1. Where a person who has obtained permission to operate a harmful chemical substance business of the defendant A adds permitted items of a hazardous chemical substance prescribed by Ordinance of the Ministry of Environment among matters permitted, he/she shall obtain permission for modification;

Nevertheless, from January 1, 2015 to April 9, 2018, the Defendant used a total of 60,213kgs of harmful chemical substances of six kinds, as shown in the attached crime list, without obtaining permission for change as prescribed by Ordinance of the Ministry of Environment, from the place of business of the company from around January 1, 2015 to April 1, 2018.

2. Defendant B Co., Ltd. committed the same offense as the Defendant’s business in relation to the date, time, and place mentioned in the foregoing paragraph (1) by the representative A of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the reporting on detection, a public official statement of detection, and statutes confirming violations;

1. Article 61 subparagraph 4 of Article 61 and Article 28 (5) of the Chemicals Control Act; Defendant B who selects a fine: Articles 63 and 61 subparagraph 4 of the Chemicals Control Act and Article 28 (5) of the same Act;

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

1. The reason why the sentencing of Article 334(1) of the Criminal Procedure Act is not permitted can be considered to a certain extent, and the permission of change is obtained later, and the punishment shall be determined as ordered in consideration of the circumstances against which the defendant A reflects, etc.