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(영문) 인천지방법원 부천지원 2019.06.25 2019고단1071
위험물안전관리법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative of Defendant B.

A stock company B is an enterprise which manufactures and sells Kimpo-si C buildings and Ddong materials, and a person who intends to install a hazardous materials manufacturing station, etc. shall obtain permission from the Mayor/Do governor having the jurisdiction over the place where such facilities are installed, as prescribed by Presidential Decree, and no person shall store hazardous materials of more than a designated quantity in a place other than a storage place or handle them

Nevertheless, the Defendant, from May 2017 to December 3, 2018, without obtaining permission for the installation of the indoor and external storage place of dangerous substances, received a supply of approximately 10 times the maximum daily quantity of alcohol (designated quantity of 400 liter) exceeding 4,00 liters, and arbitrarily stored and handled at the same workplace without permission of the Mayor/Do governor.

2. Defendant B Co., Ltd. is a corporation established for the purpose of manufacture and sale on February 3, 2016, such as direction indicator and fiber flaps.

The defendant, the representative of the defendant, stored and handled dangerous substances without permission in relation to the defendant's business at the same time and place as paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol against Defendant A;

1. Reports on violations of fire-fighting-related Acts and subordinate statutes, photographs at the scene of detection, specifications and statements of electronic commerce in 2018, and business registration certificate;

1. Application of Acts and subordinate statutes to internal investigation reports (Submission of electronic tax invoices), internal investigation reports (report on the on-site confirmation of the factory), site photographs, investigation reports (Submission of evidentiary data), order for the transaction of hazardous substances, production of products on December 2017, closure screen, investigation reports (verification of details of transaction), investigation reports (verification of evidentiary data), investigation reports (Submission of evidentiary data), and investigation reports (Submission of tax invoices);

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

(a) Defendant A: Articles 34-3 and 5(1) of the Act on the Safety Control of Hazardous Substances, and the choice of fines;

B. Defendant B: Articles 38(2), 34-3, and 5(1) of the Act on the Safety Control of Hazardous Substances

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