업무상과실치사
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the Prosecutor to the summary of the grounds for appeal, the relationship between the Defendant’s occupational negligence and the victim’s death, which did not replace the exhaust gas of the instant net season.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who operates “D” in Seopo-si C, Seopo-si, and is liable for safety and health management for workers therein.
On April 10, 2014, the Defendant: (a) installed 10 years ago at the shower facility (area 4 square meters); (b) and (c) was used by Aluminum oil station, which was installed outside the shower facility (area 4 square meters); and (d) was used by Aluminum oil station, which was not a exhauster installed with a view of removing stein lease materials; and (c) was cut off the oil station from the direct diameter to the exhauster and cut off the oil station on the connected part, and was dried up with the roof. However, the Defendant was able to safely and safely exercise the duty of care to ensure the health of workers by using the exhauster in normal terms by using the exhauster as a defined product with a view of removing stein material.
Nevertheless, the Defendant neglected to repair the said temporary hot water system and instead, received a recommendation to replace the exhaust water system with several times to the effect that “E” service center employees can reinfect the exhaust water again if the exhaust water is not replaced with a defined product, and if it is used, it may be dangerous if it is used.” In addition, if the exhaust water is not replaced, the Defendant will reinte the exhaust water again within it.