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(영문) 대전지방법원 천안지원 2013.04.04 2013고정6
유해화학물질관리법위반
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Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) located in Asan City, and the Defendant Co., Ltd is a corporation with the purpose of manufacturing and selling special lub oil.

1. A person who intends to import Defendant B poisonous substances shall report to the President of the Korea Chemicals Control Association entrusted by the Minister of Environment under the conditions as prescribed by Ordinance of the Ministry of Environment;

On May 30, 2012, the Defendant imported Di-n-butylamin (CAS number: 111-92-2) 6,000 g from the place of business of the Defendant Company located in Asan City D, and did not file an import declaration on poisonous substances with the President of the Korea Association of Chemical Control.

2. The Defendant Company committed the above violation in relation to the Defendant Company’s business at the time and place specified in paragraph (1) B, a representative of the Defendant Company.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate;

1. Certificate of import declaration;

1. Certificates of report on import of poisonous substances;

1. Information on substances subject to regulation;

1. A statement verifying imported chemicals;

1. Business registration certificate;

1. Application of the statutes governing the designation of poisonous substances and observation substances;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A stock company: Article 62 and the main sentence of Article 59 (1) and the main sentence of Article 19 (1) of the Toxic Chemicals Control Act;

(b) Defendant B: Subparagraph 2 of Article 59 and the main sentence of Article 19(1) of the Toxic Chemicals Control Act (Selection of Fines);

1. Defendant B’s assertion on the Defendants under Articles 70 and 69(2) of the Criminal Act asserts that the Defendants did not have the intent to commit the instant crime on the grounds that the Defendants were aware of the fact that they imported Di-n-butymine itself, which is a poisonous substance, but it was confirmed by the exporters at the time of import that they did not contain harmful substances, such as toxic substances.

The defendant's assertion is considered to fall under the land of law or mistake of law.

However, we find the above.

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