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(영문) 부산지방법원 동부지원 2019.06.19 2019고단553
고압가스안전관리법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates a hospital with the trade name of “C Hospital” in Busan Southern-gu.

A person who intends to use specified high-pressure gas, such as oxygen, with a compressed gas storage facility with a storage capacity of at least 50 cubic meters, shall report thereon to the competent authority.

Nevertheless, on September 5, 2018, the Defendant did not report to the competent authority, even though it was equipped with compressed gas storage facilities in 60 cubic meters (10 cubic meters of storage capacity) of the storage capacity of 60 cubic meters (10 cubic meters of compressed gas containers) in order to use the said “C Hospital” for supplying oxygen to the patients.

2. Determination

(a) Any person who falls under any of the following subparagraphs of Article 42 (Penal Provisions) of the High-Pressure Gas Safety Control Act shall be punished by a fine not exceeding three million won:

7. A person who intends to make a report under Article 20 (1) or make a false report, and who is prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as a person who has the capacity to store specified high-pressure gas in excess of a certain size and is prescribed by Ordinance of the Ministry of Trade, Industry and Energy, shall report to the head of a Si/Gun/Gu prior to using the specified high-pressure gas, prior to using it;

Provided, That if any of the following persons includes the details of permission or registered matters concerning the use of specified high-pressure gas, the report on the use of specified high-pressure gas shall be deemed filed:

The definitions of terms used in this Act shall be as follows:

2. The term "container" means a transportable thing (including accessories) for filling with high-pressure gas;

3. The term "storage tank" means a tank installed at a fixed location for storing high-pressure gas. High-pressure gas under Article 46 of the Enforcement Rules of the High-pressure Gas Safety Control Act;

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