업무상과실치사등
1. The judgment below is reversed.
2. Defendant A shall be punished by imprisonment without prison labor for four months;
3. The defendant Daegu Environmental Authority shall be punished by a fine of 4,00.
1. The summary of the grounds for appeal of this case occurred due to the Defendants’ failure to take occupational safety and health measures and breach of duty of care on duty, and the victims died.
Nevertheless, the judgment of the court below which acquitted the Defendants on the ground that they did not have any negligence is erroneous.
2. The summary of the facts charged is Defendant Daegu Environment Corporation’s joint team vice head, and Defendant A is a person in charge of “D” subcontracted to C by the Daegu Environment Corporation, who takes overall charge of and manages the safety and health affairs of workers belonging to the above construction site.
Defendant
The Daegu Environmental Authority is a corporation with the objective of managing and operating sewage terminal treatment facilities in Daegu E, and is the business owner of the said D. A.
Defendant
On October 24, 2016, the Defendant: (a) from around 09:30 to around 09:30, the Daegu Environmental Authority, located in Daegu F, ordered workers G and H to perform the partial replacement of the transport pipe of the sloping spaw connected to the instant fire extinguishing (hereinafter “instant construction”).
The upper part of the fire extinguishing in this case is a place where mertans, which are dangerous substances in danger of explosion and fire, are generated and existing due to the process of food treatment. In such cases, the business owner who is a business conducted in the same place and is given a contract by separating part of the business shall not use the place where workers employed by the contractor might cause explosion or fire, or fire, or firearms, machinery, apparatus, tools, tools, tools, etc. which occur or might cause high temperature in the place where dangerous substances exist, or the upper part thereof, and shall not use fire extinguishing or fire prevention, such as removal of dangerous substances, unless measures have been taken for explosion or fire prevention, such as melting, melting, metal heating, etc., or drying and dysing by dys.