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(영문) 광주지방법원 장흥지원 2016.06.16 2015고단207
비료관리법위반
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. The summary of the facts charged is the person who works as a factory in the head of the joint compost manufacturing site for the agricultural cooperative B in South F, and the defendant B is the fertilizer producer who operates the above joint compost manufacturing site.

A. Defendant A supplied 140 tons of fertilizers from the joint compost manufacturing place of the above B agricultural cooperative to G and H, etc. from October 9, 2014 to October 18, 2018 of the same year to the spraying vehicle driven by I as construction machinery, without indicating the name of the fertilizer, the quantity of the guarantee, and the fair specifications, or without issuing a guarantee slip stating the above contents.

B. Defendant B’s employee, as described in the above paragraph A, supplied fertilizers to G, H, etc., a farmer, without indicating the name of the fertilizer, the quantity of the guarantee, and the process specifications, or without issuing a guarantee slip stating the above contents, to G, H, etc.

2. Determination

A. The summary of the Defendants and their defense counsel’s assertion is that they only supplied the deposited expenses in a ton package with a certification mark, and they did not have loaded the deposited expenses without a ton white package with a construction machine skiker on a spraying vehicle operated by I, and further Defendant B Agricultural Cooperatives (hereinafter “Defendant B Agricultural Cooperatives”) did not neglect due care and supervision over the pertinent business in order to prevent Defendant A’s violation of the Fertilizer Control Act.

B. Article 14(1) of the Fertilizer Management Act provides that “A fertilizer business operator shall indicate the name of the fertilizer outside the containers or packaging of ordinary fertilizers and by-products of fertilizers and the name of the fertilizer, the quantity of the guaranteed ingredient and the standard of manufacturing process, etc. as prescribed by Ordinance of the Ministry of Agriculture and Forestry.”

provided, however, that fertilizers are in containers.

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