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(영문) 청주지방법원 2015.08.10 2014고단1867

업무상과실치사등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant operated a factory with the trade name of “E” in the petition-gu D, Cheongju-si, and was engaged in the manufacturing of a vehicle loaded with a metal scrap.

A business owner shall take appropriate measures in order to prevent images or other hazards caused by scattering or leakage of the relevant high heat, etc. with respect to places where the business owner handles large amounts of high heat materials, such as luminous routes, charters, glass damages, etc., and shall have workers wear heat-proof uniforms or appropriate protective outfits. Also, since the metal scrap has a characteristic of explosion when in contact with water, the Defendant, who is engaged in the main product using the metal scrap, has a duty of care to ensure that the metal scrap does not have any contact with the cooling water, such as suspending operation, if the metal scrap is abnormal in the melt and cooling water.

Nevertheless, at around 14:20 on May 20, 2014, the Defendant, without taking such safety measures as above, operated a melting channel without operating it, and found that the temperature of the melting channel was abnormal on the melting channel due to the normal increase in the temperature of the melting metal, but did not stop work, such as blocking all of them, and had the victim F (the age of 64) who is an employee enter the above melting room to remove the dust from the above melting room without having all of the melting protective devices such as heat resistant uniforms, caused the victim F (the age of 64) enter the above melting section of the melting channel to enter the chilling of the floor of the above melting channel and cut off the metal by in contact with the chilling water of the victim.

Ultimately, the Defendant caused the victim’s death by an occupational negligence in the Daejeon G Hospital on May 22, 2014, while receiving a video treatment at around 06:18.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and C;

1. An appraisal report and a disaster investigation;