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(영문) 서울남부지방법원 2020.06.24 2020고정364
화학물질의등록및평가등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,500,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of importing and selling motor vehicle tools, wooden fixtures, etc. in Geumcheon-gu Seoul Metropolitan Government, and the defendant A is a person who comprehensively operates and manages all business affairs of products of risk concern as planning directors of the above corporation.

1. No one shall sell products that fail to meet the safety standards and labelling standards for products of risk concern publicly notified by the Minister of Environment;

Nevertheless, from July 2016 to September 2018, the Defendant sold a total of 1,860 products for Class 2 (name of products: D, E) product, which failed to meet the labelling standards, at the customer and the off-line store, because it did not carry the self-inspection of products of risk concern at the above place of business and failed to indicate the labelling standards.

2. The Defendant Company B, at the time and place specified in the foregoing Paragraph (1), committed the Defendant’s act of violation as prescribed in Paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the suspect;

1. A written confirmation of violation;

1. Non-compliant photographs;

1. Credit card sales slips;

1. Copy of business registration certificate;

1. Results of the inspection of standards for safety and labelling of products of risk concern;

1. An import declaration;

1. The monthly shipment amount;

1. All certificates of registered matters of the corporation;

1. Application of Acts and subordinate statutes to delegation discretionary rules, and organization;

1. Defendants of relevant criminal facts: Subparagraph 1 of Article 49 of the former Act on the Registration, Evaluation, etc. of Chemicals (amended by Act No. 15512, Mar. 20, 2018 and enforced January 1, 2019) and Articles 36 (1), 53 (Article 53 are limited to Defendant B) and the choice of each fine

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition for the reasons above, such as the indictment of the sentencing of Article 334(1) of the Criminal Procedure Act and the entrustment of the disposal of products of risk concern to the waste disposal business entity.

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