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(영문) 광주지방법원 2018.08.09 2017고단1015 (1)

업무상과실치상

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the Ministry E belonging to the Prosecutor of the Southern Southern District Headquarters prior to D Gwangju, and Defendant B are the employees belonging to the above Ministry and persons performing regular inspection, etc. related to electric installations while serving as employees belonging to the above Ministry E.

On September 23, 2015, the Defendants conducted the electric safety inspection within the electric power plant of G Co., Ltd., which is located in the Southern-gunF around September 12:20, 2015.

As at that time, there was a high possibility of a nuclear accident, and there was considerable probability that a nuclear accident occurred, such as the flow of special high voltage current of 22,90V in a narrow water tank. As such, the Defendants engaged in the electrical safety inspection have a duty of care to adjust the inspection date by taking account of weather conditions and to temporarily stop electricity supply, or to make Korean power corporations temporarily stop electricity supply, completely block electric flow in the water tank, and prevent safety accidents such as conducting regular inspections in the state of blocking access by victims, etc.

Nevertheless, the Defendants neglected the above duties and obstructed the supply of electricity from the Korea Electric Power Construction Corporation G from the victim C (58 tax) who was in charge of the safety management of G Co., Ltd., and had the victim enter the hydroelectric field room to conduct an electrical safety inspection without completely blocking the flow of electric power of the hydroelectric field room, and had the victim, who entered the hydroelectric field room to remove dust for the purpose of emitting dust, occur an explosion due to the reduction of electric power in the vicinity of the opening and closing machine in the hydroelectric field.

As a result, the Defendants jointly suffered injury by 13% of the 13% picture image from the victim due to the above occupational negligence.

2. The Defendant C is a stock company G and electrical equipment.