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(영문) 서울중앙지방법원 2018.09.14 2018고정1504

화학물질의등록및평가등에관한법률위반

Text

Defendant

A shall be punished by fine for negligence of KRW 3,000,000 and fine of KRW 5,00,000 for Defendant B.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B is a corporation that manufactures and sells cosmetics, stuffs, etc. in Gangnam-gu Seoul and 7 floors, and Defendant A is the representative of the above corporation.

1. No person shall sell any product that fails to meet the safety standards and labelling standards for products likely to cause harm;

Nevertheless, from August 2015 to January 2018, the Defendant sold approximately KRW 22,469, 22,469, a detailed product that contains approximately 250.4 to 652.8mg/km, which is not likely to cause danger and injury, to be contained in the product safety standards.

2. Defendant B, at the same time and place as described in paragraph 1, sold 22,469, a product, in violation of the duty to comply with safety standards, as described in paragraph 1, in relation to the Defendant’s business, at the same time and place as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of detection;

1. A certificate of violation;

1. Names of violated products, requests for dispositions of violated products, such as safety inspections of harmful products, etc. for 17 years, transmission of results of safety inspections of potential products, results of safety inspections, results of safety inspections (1j), and test results of safety inspections (2j);

1. A plan to take measures, such as recall, of products (import volume, sales volume, etc.);

1. Application of Acts and subordinate statutes, including reporting on investigation and accusation by a public official telephone hearing;

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

(a) Defendant A: Article 49 Subparag. 1 and Article 36(1) of the Act on Registration, Evaluation, etc. of Chemicals (excluding punishment)

(b) Defendant B: Article 53, Article 49 subparag. 1, and Article 36 subparag. 1 of the Act on the Registration, Evaluation, etc. of Chemicals (excluding punishment)

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

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