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(영문) 수원지방법원 2020.09.10 2020고단2290
업무상과실치사등
Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

[Basic Facts] Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing at the time of harmony C, and Defendant A is a business owner of the above company and a person in charge of safety and health management.

[Criminal Facts]

1. Defendant A

(a) A business owner who has violated the Occupational Negligence, Death, and Occupational Safety and Health Act with respect to victims' D death shall use machinery, apparatus, other equipment, etc. for purposes other than those at the time of manufacture in order to prevent any danger caused by machinery, apparatus, or other equipment, and shall take necessary measures, such as using pressure vessels which have undergone safety inspections, but installing a safety valve or wave board equipped with the performance and standards for the prevention of explosion due to overtension;

At around 17:09 on December 27, 2019, the Defendant directed the victim D (Nam, 30 years of age) to perform the work of injecting the air into the drum in which MI (softing agents for plastic plastic shototing) is stored, and inserting the said MI into the raw material container.

As above, the Defendant had a duty of care to take necessary measures to prevent explosion, such as using the pressure vessel that passed a safety inspection, but having a safety valve or blasting plate equipped with the performance and standard for the prevention of explosion due to overtension, in order to prevent explosion.

Nevertheless, the Defendant neglected to inject the air into the drums for storage use, which is not a compressed container, by using air compressor, and by negligence, did not install equipment to prevent explosion hazards, which caused the pressure of the said drums to be explosiond, and caused explosion remaining objects, compressed air, etc. to price the victim’s face.

Ultimately, the Defendant is above.

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