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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment without prison labor for one year.
except that this shall not apply.
Reasons
1. The sentence imposed by the lower court (one year for each Defendant’s imprisonment without prison labor) is too unreasonable.
2. Determination
A. Defendant B, as a field manager related to the operation, management, and supervision of wastewater treatment facilities, such as the PVC production team of the Julsan Factory 2, the department of wastewater collection department, etc., in charge of wastewater treatment, was in charge of the work of preparing and delivering a written permission for general safety work and a written permission for heat work necessary for the above wastewater collection and repair work. Thus, in order to prevent fire explosion that may occur in the process of performing fire work in the above wastewater collection and repair work, the duty of care to check in advance whether there is a risk factor such as leakage of incombustible materials in the work site and to prepare and deliver a written permission for work after taking safety measures. However, Defendant B did not report it to the upper part even with the knowledge of the fact that the lock, which is a device removing inflammable materials in the waste collection and repair work, was not operated for a long time. ② On the date of the accident, Defendant C did not perform a measurement of the level of gas emissions of wastewater on the date of the accident, and ③ did not perform the duty of gas leakage measurement against Defendant C, etc.
2) In addition, Defendant C, as a person in charge of field safety observation of the above wastewater collection and repair works, has a duty of care to check whether there is any dangerous element such as inflow or leakage of inflammable substances by measuring the concentration of two dust in the water tank, which is the working area, and to take safety measures necessary to remove such dangerous element, but among wastewater collection and repair tanks, Defendant C also has a duty of care to install upper pipes.