[전기용품안전관리법위반][공1985.3.1.(747),287]
Where a person who has not obtained permission to manufacture electrical appliances manufactures electrical appliances without type approval, he/she shall be liable to do so.
Where a person who has not obtained permission to manufacture electrical appliances manufactures electrical appliances without type approval, he/she shall fall under Article 32 subparagraph 1 of the Electric Appliances Safety Control Act, which punishs a person who manufactures electrical appliances without permission, and it does not fall under Article 32 subparagraph 2 of the same Act, which punishs a person who has obtained permission to manufacture electrical appliances without type approval under Article 9 (1) of the same Act.
Articles 4(1), 9(1), 32(1), and 32(2) of the Electric Appliances Safety Control Act
Defendant
Prosecutor
Suwon District Court Decision 84No400 delivered on June 1, 1984
The appeal is dismissed.
The grounds of appeal are examined.
Article 4 (1) of the Electric Appliances Safety Control Act provides that a person who intends to manufacture electric appliances shall obtain the permission of the Administrator of the Industrial Advancement Administration by classification of electric appliances manufacturing under the conditions as prescribed by the Presidential Decree, and Article 9 (1) of the same Act provides that a manufacturer shall obtain the approval of the Minister of Trade, Industry and Energy by classification of the types of electric appliances to be manufactured under the conditions as prescribed by the Presidential Decree, and Article 32 (1) 1 of the same Act provides that a person who manufactures electric appliances without obtaining the permission pursuant to the provisions of Article 4 (1) 1 of the same Act and a person who manufactures or sells electric appliances without obtaining the approval pursuant to the provisions of Article 9 (1) or (3) of the same Act shall be punished by imprisonment for not more than two years or by a fine not exceeding one million won. Examining the purport of the above provision, Article 9 (1) of the same Act provides that a manufacturer who manufactures electric appliances shall obtain the permission of the Minister of Trade, Industry and Energy for the manufacture of electric appliances shall not be subject to the approval of Article 32 (1) of the same Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)