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(영문) 창원지방법원 2018.04.18 2017고단4210

업무상과실치사등

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a business owner engaged in the manufacturing of main water special lecture valves in Kim Sea-si, and the defendant A is a director of the above company, who directs and supervises matters concerning safety and health of his employees.

1. Defendant A’s company is a manufacturer of main water special valve valves used for shipbuilding and manufacturing business. The Defendant, who is in charge of safety management, has a duty of care to prevent accidents in advance by paying safety caps to workers and wearing safety caps in the case of harmful substances subject to control or substances contaminated thereby. The Defendant, who is in charge of safety management, has a duty of care to prevent accidents in advance by allowing them to wear safety valves in the case of harmful substances subject to control or substances contaminated thereby.

Nevertheless, the Defendant neglected to keep the ethyl alcohol, which is a hazardous substance subject to control, and did not take measures to prohibit persons other than the relevant workers from entering the drum, and did not thoroughly manage the safety of employees to wear safety caps during dangerous work. On September 22, 2017, the Defendant brought the ethyl alcohol storage drum stored in an waste material storage facility without access restrictions by the victim D(44 e.g., D) belonging to the said company, and cut off the drum into the drum at the after-treatment work site of the said company and cut off the drum at the same treatment site of the said company, and fell into the body of the victim due to shock by explosion, resulting in explosion with the victim’s heading.

Ultimately, the Defendant, by such occupational negligence, died of the victim from the F hospital located in Changwon-si, Changwon-si E, which was under treatment for transmission after around October 7, 2017, to the severe brain death.