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(영문) 수원지방법원 2015.02.11 2014고단3978
유해화학물질관리법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 2,500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. A person who manufactures, imports, sells, keeps, stores, transports, or uses poisonous substances under Defendant A (hereinafter referred to as "handler") shall periodically check and manage whether poisonous substances are leaked due to the corrosion, etc. of relevant facilities, such as transport pipes, joints, valves, valves, etc.;

At around 13:55 on May 8, 2014, the Defendant, a representative director, dealt with fishery fluorium (virutium), which is a poisonous substance, in the B2 factory operated by the Defendant, as the Defendant. Thus, the Defendant regularly checked and manages whether the leakage occurred due to corrosion, etc. of related facilities, such as the transfer pipe, match, valves, valves, etc. of poisonous substance. However, the Defendant did not comply with the foregoing, thereby allowing the Defendant to leak fishery flutium from the transfer pipe connected to the transfer pumps of the outdoor storage tank, which is dealt with in the said two factories.

Accordingly, the Defendant did not observe the management standards of the poisonous substance handler.

2. Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the witness E and F;

1. G statements;

1. A written confirmation of violation;

1. A written accusation, a statement of business trip, a field photograph, and a check for the handling of poisonous substances handlers;

1. Application of statutes on business registration certificates;

1. Defendant A of the relevant Act on criminal facts: Articles 60 subparagraph 4 and 24 subparagraph 5 of the Toxic Chemicals Control Act, Defendant B: Articles 62 and 60 subparagraph 4 of the Toxic Chemicals Control Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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