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(영문) 울산지방법원 2015.05.15 2015고정305

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B As the representative director of C, a person in charge of the safety and health affairs of workers, and C is a corporation for which D Co., Ltd. receives a contract from D Co., Ltd. for “FUT-1 remaining refined oil storage tank (FUT-1)”, E is a person in charge of the safety and health affairs of workers, D Co., Ltd. as the Ulsan factory head, D Co., Ltd. for the purpose of synthetic resin manufacturing business, etc., D Co., Ltd. as the deputy head of C Co., Ltd., the person in charge of the safety and health affairs of workers, the person in charge of supervision and supervision of D Co., Ltd. as the work site, and F Co., Ltd. as the head of the facility management team of Ulsan Factory Co., Ltd., the person in charge of supervision and supervision of B’s work site, and

On May 8, 2014, at around 18:25, the victim H(47 years of age) and I(52 years of age), a worker of C, operated by B, were engaged in washing work using dlorichloros (ethylene chlothdddth) an organic compound, located in D Co., Ltd.'s production of bio-energy in Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S. J., by using 12.5 meters in diameter, 9.2 meters in height, 1,000 square meters inside the organic compound.

As above, in the event of washing work using organic compounds inside the tank, which is a sealed space, there was a risk that the accidents may occur due to the harmful gases inside the sealed space, which could cause the workers to suffer or die.

Therefore, the business owner of C, who is a stock company, should install a general ventilation system at the workplace where a single component organic compound is generated, at least one hour of work, and in the case of washing work inside the tank in which a worker added an organic compound, he/she should pay the air stack to the relevant worker and have him/her wear it, and in the case of saving workers who are critical in the sealed space, he/she should do so.