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(영문) 부산지방법원동부지원 2020.10.29 2020고단1486
업무상과실치사등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,00,000 won, and Defendant C shall be punished by imprisonment for 4 months.

Reasons

Punishment of the crime

Defendant

C As a representative of “E” established for the purpose of pipeline construction, etc. with an office located in Busan East-gu, Busan-gu, the owner of business who ordinarily employs four workers from November 28, 2019 to December 30, 2019, and a person who comprehensively manages the safety and health of workers belonging to the above construction site and the contractor.

Defendant

B A Co., Ltd. is a corporation established for the purpose of cleaning, maintaining and repairing dangerous substance tanks with its head office in Kim Sea-si, and is a business owner who performs oil tank cleaning and pipeline secrecy testing from the Defendant C after being awarded a contract of KRW 4,510,00 among the extension of oil tanks in the above G oil station and hazardous substance pipeline works, and employs two full-time workers from December 17, 2019 to December 24, 2019, and the Defendant A is the representative director of the above construction site, who is the Defendant B Co., Ltd. and manages overall affairs concerning the safety and health of workers belonging to the above construction site.

1. From around 09:40 on December 20, 2019, Defendant A instructed the victim I (the 44 years of age) who is a worker of B Co., Ltd. to conduct the internal cleaning of the oil storage tank No. 4 in the above construction site, and managed and supervised it.

Since the cleaning of the oil storage tank inside the tank is likely to cause explosion or fire by a flammabler inside the tank, the person who manages and supervises the tank has a duty of care to take necessary measures to prevent explosion and fire by recovering the residual legacy inside the tank before work and measuring the concentration of gas and oxygen.

In addition, the business owner shall take measures such as ventilation and ventilation in order to prevent explosion or fire by the steam in a place where there is an inflammable liquid and where there is a risk of explosion or fire (hereinafter referred to as the "Rules on Industrial Safety and Health").

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