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(영문) 수원지방법원안양지원 2020.08.13 2020고단689
화학물질관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a representative director who exercises overall control over the operation and management of Defendant B, which is in his own city, and Defendant B is a corporation established for the purpose of printing plastic packaging paper.

Defendant

A A Any person who intends to conduct hazardous chemical business shall have 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, from January 5, 2015 to July 4, 2019, the Defendant did not obtain permission for hazardous chemical business (use business) while using the foregoing hazardous chemical substance ethyl 1,090 tons, Mean 52.45 tons, and 647 tons, as indicated in the attached list of crimes, at the same place of business from January 5 to July 4, 2019.

2. Defendant B, a representative director, committed a violation in relation to the business at the same date, time, and place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Annual amount of hazardous chemicals used (from January 2018 to July 4, 2019).

1. Details of purchase by item (from July 2015 to July 2019)

1. Application of the Acts and subordinate statutes on mscams;

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

(a) Defendant A: Article 58 subparag. 4 and Article 28 of the Chemicals Control Act, the selection of fines

(b) Defendant B: Article 63, Article 58 subparag. 4, and Article 28 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 instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is in violation of the purpose of the Chemicals Control Act to prevent harm to public health and the environment caused by chemical substances; and the Defendant is aware that he/she was subject to permission for the business of using hazardous chemicals around 2018, but continues to commit an offense without obtaining permission.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant has no record of punishment for the same kind of crime, and reflects it.

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