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(영문) 창원지방법원 2018.01.17 2017고정868
화학물질관리법위반등
Text

Defendant

A A Fine of 3,00,000 won, Defendant B of 700,000 won, Defendant C of 15,000 won, and Defendant C of 15,00 won.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to conduct a business that uses poisonous substances shall register with the Mayor, etc. and conduct a business as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, the Defendant, from August 1, 2014 to December 31, 2014, operated a poisonous substance business without registering the use of poisonous substance in C, which was located in F in the window of Changwon-si from Changwon-si, 393.53 tons of toxic substances, such as yellow acid, etc.

(b) Any person who intends to conduct a business using hazardous chemicals shall handle them after obtaining permission therefor from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, from January 1, 2015 to May 31, 2017, the Defendant used harmful chemicals, such as sulfur oxides, from C to May 201, 2015, to 288.862 tons in 2015, 459.031 tons in 2016, and from January 1, 2017 to May 30, 2017, and treated them without obtaining permission for the business using hazardous chemicals.

2. A person who intends to conduct a business using Defendant B’s harmful chemicals shall handle such chemicals after obtaining permission from the Minister of Environment as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from June 1, 2017 to July 19, 2017, the Defendant knowingly used harmful chemical substances, such as sulfur oxide from January 1, 2017 to May 30, 2017, and without obtaining permission for the use of harmful chemical substances, the Defendant treated harmful chemical substances, such as sulfur oxide, without obtaining permission for the use of harmful chemical substances.

3. Defendant C is a corporation established with the purpose of treating metal surface.

The defendant's employees A and B handled the above chemical or hazardous chemical substances in relation to the defendant's work at the same time and place as paragraphs 1 and 2 above.

Summary of Evidence

1. Each legal statement of the defendant A and C

1. The defendant B's partial statement

1. Some statements concerning the suspect interrogation protocol against the defendant B

1. A public official's statement and written confirmation;

1. Application of Acts and subordinate statutes concerning the annual use of hazardous chemicals;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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