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(영문) 청주지방법원 2017.07.20 2016고단2913
업무상과실치사등
Text

Defendant

A Imprisonment of eight months and fines of KRW 1,500,00, and Defendant B shall be punished by a fine of KRW 5,000,000, respectively.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management as the factory site of the B Co., Ltd. located in the Heak-gu Seoul Metropolitan Government I, and Defendant B Co., Ltd is a corporation established for the purpose of processing milk products.

1. Defendant A

A. The Defendant, as a person in charge of safety and health management of the foregoing company, has the duty of care to take necessary measures, such as having the employee engaged in life-sustaining work, wear air emuls, etc., when he/she works in a sealed space where there is a danger of oxygen shortage, quality due to harmful gas, etc., to ensure that the employee is in a position before and after his/her work, and to conduct measurement and evaluation to confirm whether the air condition before the work is adequate, to ensure that the employee is in a proper air condition, and to be equipped with devices necessary to rescue the employee in an emergency, such as air emuls, fibers, fiber lifts, etc., and to require the employee engaged in life-sustaining work to wear air emuls, etc.

Nevertheless, on August 20, 2016, the Defendant did not install ventilation facilities to maintain the adequate air condition inside the collecting water tank, and did not install ventilation facilities to prevent industrial accidents, such as air conditionings, air conditionings, air conditionings, air shields, and fiber lifts, and fibers, etc., by occupational negligence, which did not take necessary measures to prevent industrial accidents, and caused the death of the victim JJ by corrosioning it into the yellow water tank generated in the aggregate water tank around 16:40 on the same day x 2m, entrance diameter 0.6m). In the course of the Defendant’s work, he/she did not install ventilation facilities to rescue the said victim, and did not take necessary measures to prevent industrial accidents, and caused the death of the victim JJ by plantinging it into the hydrogen water tank generated in the aggregate water tank around 16:40 on the same day, and around 16:40 on the same day, 5:45 on the same day.

9. 12. 14:32 Gyeong.

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