산업안전보건법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The Defendant, at a disadvantage, is a general manager for the safety management of the factory site interest of the Ulsan Factory, Inc. (hereinafter “instant company”) that manufactures and sells basic weapons chemical products, such as G, etc., and thus, the Defendant has a duty of care to establish measures and safety measures to prevent various accidents, such as fire and explosion, which may arise in installing and operating the H, which is a raw material of G in the said factory (hereinafter “instant facilities”).
Nevertheless, the Defendant confirmed the residual gas concentration in a process safety report prepared at the time of the construction of the instant facility, and recommended the installation of a preventive outlet that spreads explosion pressure against the explosion of the instant facility, but did not take such safety measures until the occurrence of the instant accident, and ② the instant facility is in the structure that discharges internal inflammable gas.
Even if there is a structure that can not emit all the inflammable gas generated from the circulation structure inside the heat circulation device, so it is necessary to install a device that can measure the quantity or concentration of the inflammable gas that stays inside the heat circulation device so that the gaseous gas does not reach the explosion level, and it is not installed in such a device. ③ If it is not properly ignited in the process of attempting to extinguish the facility of this case, it can lead to the accumulation of the inflammable gas and explosion. In such a case, it should have the driver who manipulates the power location provide the detailed and detailed education about the measures to be taken, but it should be done properly.