beta
(영문) 창원지방법원 2016.12.15 2016고단1705

업무상과실치사등

Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is the representative director of D, the actual manager of the waste disposal company E (individual business) with the same lot number, who mainly performs waste collection and transportation business in Kimhae-si, and the person in charge of safety and health management who exercises overall control over the safety and health of workers D and E belonging to D and E.

Victim F(64) is a occupy owner who has carried waste transport vehicles (11.5 tons of pressure truck, I) into the trade name of the above E factory site and the victim G (53 years of age).

On February 29, 2016, 11:55 on February 29, 2016, the victim F, within the above E plant, was melting with an exchange gate connected to the subdivision in order to repair the opening and closing system of the entrance doors of the tension truck loading box in the operation of the victim G, and the victim G had the victim G assist in work in the surrounding area.

In the above E plant, there was an environment where various industrial wastes (such as metal, etc.) are stored or accumulated in the form of ice, powder, etc. at all times at the close of the windows, and thus, there was a risk of explosion or fire. As such, safety and health management managers have a duty of care to prevent explosion or fire by installing sufficient ventilation, ventilation, dust removal, etc. in the factory, and to prevent explosion or fire by installing a dustproof (a structure in which artificial dusts, etc. cannot intruded).

Nevertheless, the Defendant neglected this, and did not take measures related to the removal of dust around the decentralization, such as occasional cleaning, and did not take measures related to the removal of dust around the decentralization, and the victim F was scattered, and the metal dust stored inside the above decentralization was generated and explosiond.

Ultimately, the Defendant’s occupational negligence, as seen above, caused the victim G to die immediately from the fire, and the victim F was a multilateral growth donation before receiving treatment from the K Hospital located in the Busan Northern-guJ on March 3, 2016, resulting in the death at around 04:25.