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(영문) 인천지방법원 부천지원 2016.10.13 2016고단2033
화학물질관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of ten million won.

However, the defendant A.

Reasons

Punishment of the crime

1. Any person who intends to conduct a hazardous chemical business of defendant A shall obtain permission from the Minister of Environment for each type of business equipped with hazardous chemical handling facilities, equipment, and technical human resources meeting the standards prescribed by Ordinance

The Defendant is the operator of the Defendant B Co., Ltd. in Kimpo-si located in Kimpo-si, from January 201 to May 2016, the Defendant sold approximately 476 tons of RopA (or KRW 1.1 billion at each market price) to many business partners, including D et al., a mixture of which contains at least 25% (40-68-8%) of 4, 4, 4-didididiban (Dip hexanthane 4, 4-didididiban), a toxic substance, without obtaining permission for the hazardous chemical sales business from around January 201 to May 2016.

2. Defendant B Co., Ltd. and Defendant A, the operator of the Defendant, carried out hazardous chemical business without permission, as described in paragraph (1), with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of the Chemicals Control Act and subordinate statutes, such as a report on detection (list 2), a business registration certificate (list 4), a permit (list 5), an application for registration of poisonous substance business (list 6), a report on a divulgence accident (list 7), a unique number of toxic chemicals (list 8), and a list of Chemicals Control

1. Article 58 subparagraph 4 or Article 28 of the Chemicals Control Act, and Article 63 or subparagraph 4 of Article 58 and Article 28 of the Chemicals Control Act, and Article 63 or Article 28 of the Chemicals Control Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B corporation of the provisional payment order: The normal confession, reflectivity, and Defendant A did not have any power over criminal punishment except before the second sentence of Article 334(1) of the Criminal Procedure Act; Defendant B corporation appears to have no power over the same kind of violation; Defendant B corporation is deemed to have no power over the second sentence; Defendant B corporation was already registered as a hazardous chemical user company; Defendant B corporation was already registered as a hazardous chemical user company; and the hazardous chemical sales business is immediately after crackdown.

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