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(영문) 부산지방법원 서부지원 2017.11.23 2017고합95
산업안전보건법위반
Text

[Defendant A] Imprisonment with prison labor for eight months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On December 26, 2016, Defendant B, who was newly constructed in Busan, Seo-gu, Busan around 08:30, performed electrical operations on the pipes installed through the inner walls between “water cooling room 2” and “water cooling room 1” and “water cooling room 2” in order to connect the number of water generated from the cryping machinery (water melting ice) to a tank.

Since the above fireproof walls consisting of a eroposty pumps and sand position panel, it is necessary to take protective measures such as setting the whole area of the inner wall to be exposed to incombustible substances so that flames generated during the melting work do not move to the above inflammable substances, and then fixing it after installing the whole area of the inner wall with fireproofs or fire resistant materials such as a aluminium or a melting firepos, etc., and there was a duty of care to take preventive measures against fugitives during the melting work.

Nevertheless, the Defendant and F, without taking the above preventive measures, were transferred to the said freezing storages attached to the emertane and sandd position panel by occupational negligence, where the flames occurred in the adjoining work while melting electricity was laid down only with the inner wall crepans in the water without any such preventive measures.

Ultimately, the Defendant destroyed the amount equivalent to KRW 1 billion at the market price, such as the freezing warehouse outer wall of the above freezing warehouse, which was a steel structure in which human parts, such as G and H, were engaged in freezing equipment operations due to the negligence of the above joint business with F.

2. Defendant A, who operates E in Seo-gu, Busan, was a person operating the said establishment, and the said establishment completed one freezing warehouse with a size of 3 stories above the ground with a steel structure at the said establishment, and directly employed a person to install machinery and equipment.

A business owner shall establish procedures for preparation and work to prevent fire, and shall do so, such as melting teams, etc., when he/she performs fire work, such as a melters, inside a building or inside a facility where he/she has combustible materials, without adequate ventilation or ventilation, and covers the prevention of melting fire, melting fire spread, etc.

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