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(영문) 창원지방법원 2020.12.17 2020고정675
화학물질관리법위반
Text

Defendants shall be punished by a fine of four million won.

Defendant

Where A fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates Defendant D Co., Ltd. in Kim Sea-si, and Defendant D is a corporation established for the purpose of metal heat processing business, etc.

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

Nevertheless, the Defendant, without obtaining permission from January 2018 to December 2012 of the same year, engaged in the business using 4,800 g and 1 km, which are hazardous chemicals in the above place of business from January 2018 to January 2019, and from January 2019 to December 2, 2019 to the above place of business.

2. Defendant D Co., Ltd. committed the above violation in relation to the Defendant’s business at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to request the defendant to investigate his/her legal statement, written statement, written confirmation of violation, details of purchase and use of hazardous chemicals, materials on purchase details, and data on substance safety

1. Subparagraph 4 of Article 58 of the Chemicals Control Act and Article 28 of the same Act (Article 63 in cases of DefendantB Co., Ltd.);

1. Selection of each alternative fine for punishment (the reduction shall be made in consideration of the fact that the grace period has elapsed, but the person currently complies with the procedure);

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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