logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.03.16 2016고단38
화학물질관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for two months, and by a fine of five million won for defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a representative director who exercises overall control over the operation and management of Defendant B corporation in Ansan-si, Gyeonggi-si, and Defendant B is a corporation established for the purpose of compound manufacturing business.

1. Defendant A

(a) Any person who handles harmful chemicals in violation of the Control of Chemicals Act (Article 14(1)) shall wear personal protection outfits suitable for the relevant harmful chemicals in cases where steam is likely to be generated from harmful chemicals in liquid, etc.;

Nevertheless, on September 3, 2015, the Defendant, while working to subdivide salt (35%, CAS no. 7647-01-0) which is a harmful chemical in the above workplace, failed to have employees wear personal protective outfits suitable for the relevant substance.

(b) Where a chemical accident occurs in violation of the Chemicals Control Act (Article 43(2)), a person who handles the relevant chemical shall immediately report it to the competent local government, local environmental government office, national police office, fire-fighting government office, or local employment labor office within 15 minutes;

Nevertheless, at around 14:10 on August 21, 2015, the Defendant filed a report with the competent local environmental office (the 15:28th regional environmental office) on a chemical accident involving approximately 150 tons of polychlorates (17%, CAS no. 1327-41-9) which is a chemical substance in the above place of business, and one employee of the neighboring company was suffering from a loss of human life caused by video, which is 78 minutes later.

2. Defendant B’s suspect committed each of the offenses described in paragraphs (a) and (b) in relation to the Defendant’s business at each time and at each place described in paragraphs (1) and (b).

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of public officials of D and E;

1. Copy of business registration certificate;

1. All on-site photographs;

1. Reporting on chemical accidents;

1. Determination on the Defendants’ assertion of material safety and health data (PAC)

1. The assertion;

A. The Defendants are in the process of subdividing harmful chemicals as indicated in the facts constituting a crime.

arrow