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(영문) 의정부지방법원 2019.05.30 2019고정713

화학물질관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the president of C in Southyang-si.

Any person who intends to conduct a business using hazardous chemicals shall obtain permission from the Minister of Environment.

When the Defendant purchases ‘D' products and uses them as excessive additives in printing clothes, the above ‘D' products are products with content of 100% in Toluene (Tloe, CAS No. 108-88-3) and they are toxic chemicals which constitute chemicals requiring preparation for accidents, and thus, they must obtain permission to use hazardous chemicals before using them.

However, on January 7, 2016, without obtaining permission for the hazardous chemical use business, the Defendant purchased from E Co., Ltd. the above ‘D' product 160 kg from E Co., Ltd. and used it as an excessive additives when printing clothes.

In addition, the Defendant purchased a total of 9,744 kgs of ‘D' products, which are hazardous chemicals, through the same method 39 times, without obtaining permission for the business of using hazardous chemicals from that time to August 28, 2018, and used them as an excessive additives when printing clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s annual purchase details of hazardous chemicals, E’s transaction details (date), list of electronic tax invoices, data on substance health and safety of D’ products, business registration certificates, and statutes on the purchase of hazardous chemicals;

1. Article 58 Subparag. 4 and Article 28 of the Chemicals Control Act (amended by Act No. 15659, Jun. 12, 2018); the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the act committed by the Defendant against the Chemicals Control Act established for the purpose of preventing harm to public health and the environment through proper control of toxic chemicals.