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(영문) 울산지방법원 2014.09.04 2014고정1372
업무상과실치사
Text

Defendant shall be punished by KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a business owner of “B” for the purpose of wholesale and retail business of scrap iron and steel, and is a person in charge of safety and health affairs of his/her employees.

Around 10:30 on June 27, 2013, the Defendant instructed the victim C (5 years of age) who is an employee of the aforementioned “B” to remove the facilities, such as pipes, in accordance with the half-ro of the two documents in Ulsan-gun, Ulsan-gun, Inc. (1537).

As above, when removing facilities installed in the factory, a person engaged in the removal work confirms in advance the characteristics of the factory where the removal work takes place and the type and location of the facilities subject to removal, and if the flames occurred due to the burning of fire during the removal process, he/she had a duty of care to prevent accidents in advance by thoroughly diagnosing the safety of the removal work, such as immediately suspending the removal work and examining whether the gas in the inside of the facility is leaked or fire is likely to occur.

Nevertheless, the Defendant did not take such measures as above, as occupational negligence, which the victim left the victim to work, and caused the death of the victim with a multiple long-term organ due to the transfusion during treatment at the Vietnamansan Hospital located in Busan Northern-dong 2270-4, Busan, on July 21, 2013, in the course of cutting off the fuel tank engine for the fuel tank recycling machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Reports on internal investigation (the sequence 3 of evidence lists);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the facts constituting a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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