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(영문) 의정부지방법원 2015.01.20 2014고단3739

업무상과실치사등

Text

Defendant

A A shall be punished by a fine of 18,00,000 won, and Defendant B shall be punished by a fine of 5 million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a business owner who runs a chrone processing business, etc. in Bocheon-si E, and the defendant A is a representative director of the corporation B and is a person in charge of safety

1. Defendant A

A. On May 27, 2014, the Defendant was obligated to take necessary measures for the prevention of danger, such as placement of workers, etc. in cases where workers are likely to suffer danger by releasing compressed gases or liquids, etc. inside machinery, apparatus, equipment, etc., and to wear protective outfits, such as heat uniforms, etc. in the case of works involving high-calories, images, etc.

However, the Defendant, without taking such measures, had the victim conduct chropsing operations using the flame flag, and caused the victim to die by covering the part of the high temperature, salt, water, steam, etc. inside the flame flag while opening the upper cover of the flame flag, and caused the victim to suffer pictures by covering the telegraph of the victim. On June 8, 2014, around 19:10, the Defendant, at the Han River University Hansung Hospital located in Yeongdeungpo-gu Seoul, Yeongdeungpo-ro 7-ro 12-ro, Yeongdeungpo-gu, Seoul, 2014, caused the victim’s death by multiple prolonged organs, etc.

As above, the Defendant violated the business owner’s duty to take safety measures, and at the same time caused the death of the victim by occupational negligence.

B. On July 7, 2014, the Defendant violated the Occupational Safety and Health Act (hereinafter “Industrial Safety and Health Act”) is required to strengthen the structure with sufficient strength to take protective measures, such as safety railings, fences, vertical fall-off networks, covers, etc. at a place where, as the end or opening of the work site and passage, workers might fall down at work sites B, around the right side of the work site.