Acquittal in Chemical Substances Control Act Violation Case for Chemical Company
2018.06.29.
Yulchon successfully defended Corporation “A”, a petrochemical product manufacturer and distributor, against an alleged violation of the Chemical Substances Control Act, where the company was accused of selling toxic substances without a permit. The case resulted in a final acquittal.
Yulchon meticulously analyzed the overall structure of the Chemical Substances Control Act, its relationship with penal provisions, its amendment history, and its legislative intent. Based on this analysis, Yulchon made a legal argument that simple exporting does not constitute an act of sale that requires a permit under the Act.
Although the prosecution presented a contrary administrative interpretation from the Ministry of Environment, Yulchon firmly contended that criminal liability cannot be imposed based on an administrative interpretation alone and emphasized the necessity of strict statutory interpretation under the principle of legality. Ultimately, the court accepted Yulchon’s argument and rendered an acquittal, which was finalized when the prosecution waived its right to appeal.
This ruling is significant in the highly regulated field of environmental law, which is characterized by diverse and complex regulations, as it resulted in an acquittal despite an unfavorable administrative interpretation from the Ministry of Environment. The case involved a meticulous analysis of the overall structure of the relevant laws, their amendment history, and legislative intent, as well as legal arguments based on these elements. Furthermore, the case helped to set legal standards for the export of toxic substances by petrochemical manufacturers and distributors.
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