The defendant shall be innocent.

1. The facts charged in this case C is the president in charge of the overall business of the company operation as the president in E, “E,” and the Defendant is the E-spouse’s spouse.

C: (a) From November 13, 2013 to November 15, 2013, the Defendant stored and handled Category 4 petroleum of Category 1 in excess of 340 liter, a designated quantity, 200 liter, at the non-receptored volume chain of Category 4 petroleum of Category 1 (SCJ-301) in a container or factory, etc. in which materials of the above E are kept from November 13, 2013; and (b) from November 13, 2013 to November 15, 2013, the Defendant, as the representative of E, committed such a violation as above by C, the Defendant’s employee, from November 13, 2013 to November 15, 2013.

2. The defendant and his defense counsel's assertion

A. The Defendant was registered as E business entity, and the actual president was the husband C, and thus, the Defendant cannot be held liable for the instant crime against the Defendant.

B. SCJ-301 (SJ-301 above) cannot be viewed as a "hazardous substance" defined in the Safety Control of Dangerous Substances Act.

3. First, we examine whether the defendant is a representative of E.

Article 38(2) of the Act on the Safety Control of Dangerous Substances provides that "if a representative of a corporation, or an agent, employee or any other employed person of a corporation or individual commits an offense falling under any of Articles 34 through 37 in connection with the business of the corporation or individual, not only shall the offender be punished, but also the corporation or individual shall be punished by a fine

The term "corporation or individual" in the above-mentioned provision means a business owner who operates a business on his own account, not merely in the form of a business owner.

(See Supreme Court Decision 2009Do6968 Decided July 8, 2010, etc.). According to the evidence duly adopted and examined by this court, the Defendant may be recognized as having been registered as E from September 7, 2006. However, the Defendant is a mutual fireworks of “F” from September 1, 2005.