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(영문) 인천지방법원부천지원 2020.09.09 2020고정167
화학물질관리법위반
Text

Defendant

A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 7 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Kimpo-si, Kimpo-si, the former place of business, who has overall management and administration of the overall business of the company, and the defendant B is a corporation established for the purpose of manufacturing the occupied tapes, etc.

Defendant

A Any person who intends to conduct hazardous chemical business shall prepare in advance facilities, equipment and technical human resources meeting the standards prescribed by Ordinance of the Ministry of Environment and obtain permission from the Minister of Environment for each industry.

Nevertheless, the Defendant used three kinds of hazardous chemical business (use business) from January 2015 to June 2019, as indicated in the attached list of crimes, such as nitrote oxide, ethyl ether, ethyl ether, and Toluene et al., which are hazardous chemical substances, as indicated in the attached list of crimes.

2. Defendant B, the representative director of the Defendant, committed the above violation in relation to the Defendant’s business at the date and place specified in Paragraph A, the Defendant’s business.

Summary of Evidence

1. Application of the statutes governing the Defendants’ respective legal statements, field photographs, copies of business registration certificates, quantities of hazardous chemicals purchased (2015 - 2019), substance safety and health data, voluntary reports of violation of the Chemicals Control Act, and permits for the business using hazardous chemicals

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 58 subparagraph 4 of the Chemicals Control Act and Article 28 (2) of the Chemicals Control Act;

(b) Defendant B: Articles 63 and 58 subparagraph 4 of the Chemicals Control Act, and Article 28 (2) of the Chemicals Control Act;

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

1. Defendants of the provisional payment order: The sentencing reasons under Article 334(1) of the Criminal Procedure Act do not require permission to conduct hazardous chemical business, but are relatively long-term dilution, and the responsibility thereof is not exceptionally applied. However, Defendant A voluntarily submitted a voluntary report on the violation of hazardous chemicals and entered into a consulting service contract for hazardous chemical control.

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