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(영문) 울산지방법원 2019.08.28 2019고단1183

업무상과실치상등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Ulsan-gun, Ulsan-gun.

1. A food service business operator violating the Food Sanitation Act shall observe matters to be observed by business operators according to the type of business in order to maintain business hygiene and order, and promote public health and sanitation, and where groundwater, etc. which is not tap water is used for cooking, washing, etc. of drinking water or food, he/she shall use water recognized as fit for drinking water quality inspection by a drinking water quality testing institution every one year in accordance with the Drinking Water Management Act

Nevertheless, from March 2016 to October 2018, the Defendant violated the matters to be observed by the business operator by using groundwater that did not examine groundwater quality within the inspection period as drinking water and food cooking, washing, etc.

2. The Defendant was engaged in the business of cooking and providing foods to elementary school students who visited the above area by paying KRW 15,00 per capita for experiential learning in the above “C”.

In such cases, a person engaged in the business of cooking and providing food shall be suitable for drinking, use water which is not included in microorganisms that may harm human health, and in particular, in the case of cooking food with underground water or providing drinking water, he/she has a duty of care to use water recognized as suitable for drinking time by performing water quality testing once every year at a food quality testing institution.

Nevertheless, from October 13, 2018 to October 14, 2018, the suspect reported to the students belonging to D Elementary School and E Elementary School as non-commercial agricultural water to find the above "C" for experiential learning. From March 2016, the suspect provided groundwater contaminated with the old virus that did not undergo water quality testing by the drinking water quality testing institution.

Ultimately, the suspect is the above.