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(영문) 울산지방법원 2017.04.28 2017고정158

화학물질관리법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the vice president of B in Ulsan-gun Group C, and the defendant B is a corporation established for the purpose of special transportation business.

1. Defendant A

(a) No person shall cause a chemical accident due to occupational negligence or gross negligence, causing human death or injury;

On August 6, 2016, the Defendant: (a) caused a chemical accident by negligence in the course of duty, which led to the death of three workers (one death, two images) due to the failure of the DNA tank vehicles transporting harmful chemical concentration of 98%, and the failure of the workmen to move yellow acid to the vehicle of the body G tank in which they did not wear personal protective equipment, and because they did not properly fix the transport ice on the upper part of the G vehicle, thereby causing the chemical accident of which the ice did not have the pressure on transfer, protruding and flown out to the outside, due to the failure of the DNA tank vehicles transporting harmful chemical concentration of 98%.

(b) Where a hazardous chemical is loaded or unloaded into or out of a vehicle or another hazardous chemical is moved to a handling facility, the hazardous chemical handling standards shall be observed to have the manager of the hazardous chemical participate in such handling facility;

The Defendant did not comply with the standards for the handling of hazardous chemicals because the Defendant moved 98% of the concentration of hazardous chemicals into G tank lorri vehicle from D tank lorri vehicle to G lorri vehicle, and the hazardous chemical manager did not participate therein.

2. Defendant B, at the time and place specified in paragraph (1), Defendant B, who is an employee of the Defendant, caused a chemical accident by occupational negligence in relation to the Defendant’s business, thereby causing human death and injury and not complying with the criteria for handling hazardous chemical substances.

Summary of Evidence

1. Defendants’ legal statement

1. A public official's statement;

1. Application of Acts and subordinate statutes to certificates of violation, copies of a plan for transporting poisonous substances, copies of certificates of education, copies of certificates of completion, and copies of certificates of diagnosis;

1. Article 57 of the Chemicals Control Act and Article 59 subparagraph 1 of the same Act and Article 13 of the same Act concerning criminal facts and the defendant A who has selected punishment.