[광산보안법위반,업무상과실치사상][공1974.7.15.(492),7914]
The scope of persons obligated to conduct security education under Article 7 of the Mining Safety Act;
According to the provisions of the Mining Safety Act, the Enforcement Decree of the same Act, and the Enforcement Rules of the same Act, only mining right holders and mining concession holders have the obligation to conduct necessary education on mining safety, and other persons shall not be held liable for criminal liability under the
Articles 7 and 26 of the Mining Safety Act
Defendant 2 and four others
Defendant 1 and Prosecutor
Attorney Choi Ho-young et al.
Chuncheon District Court Decision 73No673 delivered on February 21, 1974
All appeals are dismissed.
Defendant 1’s appeal shall include 90 days, out of the days of detention pending trial, in the principal sentence.
Public prosecutors and Defendant 1's grounds of appeal are examined.
Judgment on the grounds of appeal by the Prosecutor;
The first point and the second point of the grounds of appeal on this point are that the mining right holder or the mining concession holder does not conduct the education on the mining safety, but delegated the above education to the chief of the security management office, the mining management office, the safety instructors, the defendant who is the cause of machinery safety to the defendant, etc., and the defendant, etc. is subject to the above education, according to the provisions such as the Mining Safety Act, the Enforcement Decree of the Mining Safety Act, and the Enforcement Rule of the same Act, the court below's decision that the mining right holder and the mining concession holder have the duty to conduct the necessary education on the mining safety, and that the defendant, etc. in
In light of the second point and the record, the examination of the evidence relation as to the injury of the defendant et al. (except the defendant 1) caused by occupational negligence, the decision of the court below which acquitted the defendant on the ground that there is no evidence to acknowledge the occupational negligence as shown in the facts charged, is just and the judgment of the court below cannot be viewed as having any illegality in the theory of the rules of evidence, such
Judgment on Defendant 1’s grounds of appeal
Since the evidence stated in the judgment of the court of first instance as cited by the court below is compared to the records, the court below's decision that recognized the so-called "defendant 1" as to the defendant 1 is acceptable, and the original judgment does not contain any reason to believe that there is no reason to believe in the
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
Justices Red Man-Man (Presiding Justice)