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(영문) 춘천지방법원 영월지원 2018.11.27 2018고단209
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

Defendant

A Imprisonment of two and half years, Defendant B’s imprisonment of two and half years, Defendant C’s imprisonment of one year, and Defendant D.

Reasons

Punishment of the crime

K Co., Ltd. of 2018 J. 209 is a corporation that engages in mining, etc. of steel ore in W in Gangwon-gun V.

Defendant

B is an employee who belongs to the mining team as a mining worker of the above mining establishment operated by the above company, and the defendant A is the superior of the defendant B as the mining team leader of the above mining establishment.

1. Defendant B

(a) In cases where it is intended to blast explosives in violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., a supervisor shall be stationed in a danger zone pre-determined, prohibit access within such zone from entering the danger, giving a warning to blasting, etc., and, in cases of blasting by using not less than 300km explosives (including cases where the total amount of explosives in each powder chamber is not less than 300km and they are blasting simultaneously or by phases), the plan and work for blasting shall be conducted directly by a person in charge of powders management;

Nevertheless, on April 26, 2018, at a point of 525 meters below the ground inside a 2nd pit of the Sungjinjin pit in the above mining center, the Defendant does not place a supervisor within a danger zone and carried out work at a point of 550 meters below the ground at the time.

The blasting plan and work of the blasting should be made directly by H, who is a class 1 powders management officer of the above company, in spite of the fact that there is no danger, such as not giving a warning of blasting to 6 workers such as X, etc., and the blasting is a large blasting that the blasting is blasting by using not less than 300 km explosives.

Accordingly, the defendant did not comply with the technical standards in blasting of powders.

(b) mine workers violating the Mining Safety Act are obliged to take hand or height blasting machines during blasting work hours.

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