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(영문) 대전지방법원 홍성지원 2016.01.15 2015고단393

업무상과실치사등

Text

Defendant

A, B, and C shall be punished by a fine of KRW 10,00,000.

The above Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A As the representative director of Corporation D, a corporation operating H in Boan City, a person in charge of safety management to prevent industrial accidents in its employees, and Defendant B, the head of the farm in the above farm, who manages and supervises his employees, and Defendant C, as the chief of the sewage treatment department of the above farm, plans working schedule and manages the sewage treatment work of the farm in question.

1. On July 5, 2014, around 09:50 on July 5, 2014, when the accident occurred, I used the victim of D’s employee damage in the storage tank to temporarily store sewage in a 5-house of the above farm, and used to enter the storage tank through the open door and to temporarily open a window for the storage of money and to measure the level of the water in the storage tank.

Hexa (NH3), 2,000 pm or more, and other harmful gases, such as hydrogen oxide (H2S), were leaked, lose the spirit of the moment, and crashed from the work plate to the concrete floor.

As a result, the victim died at around 10:03 on the same day due to damage to head and part of the neck. 2. Defendants’ breach of duty of care and duty of care under the Industrial Safety and Health Act

A. Defendant A is a general manager for the safety and health of employees who work for the said company.

Since the temporary storage of sewage is cancer, sulfur oxide, and harmful gas, such as hydrogen, etc., is a hived sealed space for the storage of money, the safety manager, when the victim measured the water level of the container for the storage of money, shall make the victim make a forced ventilation by installing a ventilation, etc. so that the victim can maintain the adequate air condition before commencing the work and during the work, not the workers concerned, enter a person who is not a worker concerned, and the worker engaged in the sealed space is lack of oxygen.