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(영문) 인천지방법원 2018.09.14 2018고정470
전기용품및생활용품안전관리법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual operator of Yeonsu-gu Incheon Metropolitan City B and A, 1602.

A manufacturer or importer of products subject to safety assurance shall undergo a safety verification test from a safety verification testing institution for each model as prescribed by Ordinance of the Ministry of Information and Communication for each product subject to safety verification, confirm that the relevant product subject to safety verification conforms to the safety standards, and report such fact to the Minister of Trade, Industry and Energy.

Nevertheless, around May 2017, the Defendant stated the written indictment for exchange, which is a product subject to safety verification, in the above C, as a "direction". However, in light of the content of the safety confirmation certificate, it seems to be erroneous.

20V Electric appliances using 220V, which are vending machines, were manufactured 'D' and did not report safety confirmation.

Summary of Evidence

1. Inquiries into facts by the National Technical Standards of the Ministry of Trade, Industry and Energy;

1. The accusation of the Korean Product Safety Association;

1. In accordance with the Act on the Safety Control of Electrical Appliances and Consumer Products (the details of the relevant provisions are as shown in the attached Form), a vending machine using all exchange power or direct currents not exceeding 1,00 volts constitutes electrical appliances subject to safety control, but the same shall not apply to electrical appliances subject to safety control if it is used in 30V or less, or 42V or less of direct currents;

In determining the degree of voltage of use, it is reasonable to view that, in cases where the direct power source (SSPS) is not separated from the product, all of the parts entered into the product are inputs (in this case, the direct power source) as the input source, and in cases where the direct power source is separated from the product, all of the parts entered into the product are inputs (in this case, the direct source class 42V).

If a direct electric power source device is not separated from the product, it is reasonable to regard it as a single product, and it was changed to a direct current regardless of whether it is separate or not.

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