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(영문) 대구지방법원 의성지원 2017.01.26 2016고단244
화학물질관리법위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

[Presumption of Facts] Defendant A is the representative director of B Co., Ltd. in Gyeongbuk-gun C, and Defendant B Co., Ltd is a corporation established for the purpose of manufacturing concrete mixtures.

[Criminal facts]

1. Defendant A

(a) A person who installs and operates a hazardous chemical handling facility that has not conducted a regular inspection shall conduct a regular inspection of the relevant hazardous chemical handling facility, equipment, etc. at least once a week, as prescribed by Ordinance of the Ministry of Environment, and record and keep the results thereof for five years;

Nevertheless, the defendant from May 10, 2016 to the same year.

6. While operating a factory of the above company to the Haman, the above company did not conduct a regular inspection, such as checking the stability of the reaction facilities, garine storage facilities, galvine dysium storage facilities, and nar acid storage facilities which are hazardous chemical handling facilities.

(b) No person who has filed a report on the divulgence of specific water-quality harmful substances and a chemical accident shall leak or throw away specific water-quality hazardous substances in the public waters without justifiable grounds, and any person who handles the relevant chemical shall immediately report to the competent local government, local environmental government office, national police office, fire-fighting government office, or local labor office;

Nevertheless, from September 23, 2016 to 19:00 on September 23, 2016, the Defendant, at the reaction facilities of the factory of the above company from around 16:00 to around 19:00, released approximately 1,000 liter of a mixture of dimertane and dimertane through the hole hole to the neighboring river through the excellent manle and ditch, and thereby, did not report to the competent authority, even though there was a chemical accident, such as fish waste of 300 maris, etc.

2. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) are harmful chemicals as above in relation to the Defendant Co., Ltd’s business at the same date and place as paragraph 1.

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