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(영문) 울산지방법원 2020.04.02 2019고단4310
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner operating a motor vehicle maintenance company under the trade name “C” in Yangsan-si, and is a person who exercises overall control over matters concerning safety and health of his/her employees.

At around 11:25 on February 19, 2019, the victim D was engaged in cutting work to separate lids from lids by using flass cutting machines while being engaged in melting and cutting work at the above place of business.

In such a case, the business owner has a duty of care to provide safety and health education on the containers of drums, etc. which are inflammable oil or inflammable solid substances, such as removal of inflammable oil or inflammable solid substances or dangerous substances, or to take measures for the prevention of explosion or fire, such as removal of inflammable oil or inflammable solid substances, or on the process of using firearms such as heat of metal, etc., or to provide protective devices such as safety appearance, safety level, etc. in cases where the objects are likely to fall or fall, or where the objects are dangerous to be scattered, such as the danger that the objects might fall or fall off, and the dangerous substance might be scattered, and safety and health education should be provided in advance.

Nevertheless, the Defendant neglected the duty of care to take safety measures as above and caused damage to the head and face of the victim, which requires treatment for not less than six months, by explosiond lids arising from the heat of fluorse cutting machines while separating lids from pulmonary ethyl components in the pulmonary drums by negligence, which caused damage to the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical opinions, reports of requests for appraisal, and general reports of investigation into disasters;

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