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(영문) 광주지방법원 2014.06.25 2013고단4153

업무상실화

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant, as an internal director of D Co., Ltd. (hereinafter referred to as “foreign Co., Ltd.”) that runs the business of manufacturing plastics in Gwangju-gu, Gwangju-gu, is a person in charge of managing and operating the said company.

From around 12:33 on May 6, 2013, the Defendant processed plastic materials at the non-party company’s factory and processed automobile roof finishing materials, cooling cream, building materials, fat, etc., and operated so-called minculator in a rupture to cut, minated, and compressed down the remaining sludge.

It is purchased and used in high water in which the trade name cannot be known prior to about 12 years.

On February 2, 2012, when the electricity panel, etc. has repaired the power plate, etc., it is a worn-out machine that has ordinarily 120°C high speed for at least two hours. At the time, weather conditions are clear and wind, so there is a high possibility of emitting by high temperature from inflammable substances such as the foregoing minculator or its surrounding dust or sludge. In such a case, a person engaged in the management of the above machinery has a duty of care to prevent the occurrence and burning of fire by checking the status of operation of each part, parts, and the state of operation of the parts, and the maintenance of proper temperature, and the safe keeping of the surrounding inflammable substances, etc.

Nevertheless, the Defendant neglected this and neglected to remove the surrounding sludge, which was 120 C, in the state of being ruptured with 120 C, and did not place a assistive worker for the safety of occupation, and neglected to assign approximately 2:40 minutes and 40 minutes of the wind for the occupation of occupation, and neglected to do so. On the same day, at around 15:10 of the same day, the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the rupture of the