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(영문) 의정부지방법원 2018.01.18 2017고정2516
화학물질관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a representative director who exercises overall control over operation and management of B corporation in Southyang-si, and Defendant B is a corporation established for the purpose of selling sports goods.

1. A person who intends to conduct a hazardous chemical business of the defendant shall obtain permission from the Minister of Environment for each type of business with hazardous chemical handling facilities, equipment and technical manpower meeting the standards prescribed by Ordinance of the Ministry of Environment;

Nevertheless, from January 2015 to April 2017, the Defendant sold 1,064.7kg in total products of the Shoego (content 60-70%) contained in the Shoego (content 06-5-12), Shoe Shoe Ho DF (content 70-80%) and S reportedsgoo (content 60-70%) without obtaining permission from the Minister of Environment at the same place of business and without obtaining permission from the Minister of Environment.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ legal statement

1. A written request for an investigation, a written statement of detection, a business registration certificate, B Company's sales volume (2015-2017) and mDS (material safety and health data): Shoegoo, mDS (material safety and health data): Shoe Shoe Sgo DF, mDS (material safety and health data): Shoego, product photo, entire certificate of registration, and electronic tax invoice;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 58 Subparag. 4 and Article 28 of the Chemicals Control Act, and selection of fines

B. Defendant B: Articles 63, 58 subparag. 4, and 28 of the Chemicals Control Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) recognizing the criminal facts of the instant case, the Defendants are against their mistakes; and (c) Defendant A was punished once by a fine for a violation of the Health Functional Foods Act around 2017.

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