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(영문) 춘천지방법원 영월지원 2017.07.18 2017고단214
업무상과실치사등
Text

Defendant

A Imprisonment without prison labor for one year, Defendant B shall be punished by imprisonment for one year, and Defendant C shall be punished by a fine of 5,00,000.

Defendant .

Reasons

Punishment of the crime

1. Defendant A is an employee of service business chain Co., Ltd., who entered into a contract for the coal collection work with F of the Korea Coal Corporation, and a mine worker belonging to the mountain division in the line of making coal shot or shot shot.

On November 2, 2016, the Defendant: (a) around 19:30, the Defendant used explosives in ice ice work site located under the ground (-375ML, 1-2X, stokes) of the Korea Coal Corporation F, Korea Coal Corporation (-375ML, 1-2X, stokes) and had them conduct blasting work for the purpose of shouldering coal in the quasi-place of work.

In such a case, powders may be handled only by persons designated by a powders management security officer, who have completed prescribed education on handling powders conducted by a blasting security guard, a powders security guard and the president of the Korea Mineral Resources Corporation, and in handling powders and blasting work, they shall be checked at each blasting time, as well as at all passages leading to the blasting opening, and the entry shall be controlled by posting boundary members at an appropriate place in all paths leading to the blasting opening, and safety measures such as at least 50 meters in the blasting and the minimum distance from the blasting location in the digging pits and 100 meters in the straight-line mining galleries have a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this and handled explosives in spite of the fact that he is not designated by a blasting security supervisor, a powders security supervisor, or a person in charge of powders management, and due to negligence that does not keep a minimum distance from the location of blasting and blasting bus bars without checking blasting bus bars, the defendant's operation of blasting bus bars at the same time, and the explosives in the quasi-place of work, which the defendant tried to blast, causes the victim I (57 years of age) of pregradation who worked in the quasi-place of work to die by explosion at the same time, and after performing the same work, he treats the victim J(54 years of age) of Busan 16 weeks.

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