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(영문) 서울동부지방법원 2017.06.15 2016노1903
화학물질관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and the legal principles, since the annual amount of flusium flusium used by the Defendant is less than 100 km, there is no obligation to obtain permission to conduct hazardous chemical business in accordance with the “Regulations on Exemption from Permission to Conduct Harmful Chemicals”.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is a person who manufactures and sells the tax administration system with the trade name “D” in Nam-gu Incheon Metropolitan City C.

Any person who intends to conduct a hazardous chemical business shall obtain permission from the competent authority.

From March 29, 2013 to November 23, 2015, the Defendant manufactured and sold a hazardous chemical during the foregoing period without obtaining permission from the competent authority at the above location, and made and sold wheelchairs for cleaning the outer wall of a building containing flusium, which is a hazardous chemical, by using a lusium for cleaning the outer wall of the building.

Accordingly, the Defendant carried on a hazardous chemical business without permission from the competent authorities as above.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

(1) Of the facts charged, Article 10 of the Addenda to the Chemicals Control Act (amended by Presidential Decree No. 2501, Jun. 4, 2013) provides that “The application of penal provisions to acts before January 1, 2015, the date on which the Chemicals Control Act was implemented shall be governed by the relevant provisions of the former Toxic Chemicals Control Act.”

Article 2 subparag. 3 of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013; hereinafter the same shall apply); Article 2 subparag. 3 of the former Enforcement Decree of the Toxic Chemicals Control Act (wholly amended by Presidential Decree No. 25836, Dec. 9, 2014; hereinafter the same shall apply); Article 2 of the former Enforcement Decree of the Toxic Chemicals Control Act (wholly amended by Presidential Decree No. 25836, Jan. 1, 2015; hereinafter the same shall apply); the designation of substances under observation (public notification of the National Institute of Environmental Research).

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