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(영문) 대전지방법원 천안지원 2017.11.23 2017고단1663
업무상과실치사등
Text

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

However, the sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation that has its head office in Nam-gu, Nam-gu, Dong-gu, Dong-gu, and operates a mining business, etc., and Defendant A is a representative director of Defendant B, who is a person in charge of safety and health management of its employees.

1. The business owner of the defendant A shall take measures, such as ventilation, ventilation, removal of dust, etc. at a place where there is an inflammable steam, inflammable, or inflammable substance, and thus explosion or fire is likely to occur, in order to prevent explosion or fire by the relevant steam, gas, or dust;

In addition, in order to eliminate explosion or fire by one steam or gas in advance, gas inspection and alarm devices with gas inspection and alarm performance should be installed.

Where a business owner uses electric machinery or apparatus at a gas explosion risk place or a powder explosion risk place, he/she shall select and use the electric power or apparatus of the breadth structure with sufficient width performance against such steam, gas, or dust, as determined by the Korean Industrial Standards established under the Industrial Standardization Act.

In addition, in the event that there is a danger of fire or explosion by static electricity attached to a single human body, necessary measures should be taken, such as wearing safety shoes for the prevention of static electricity from Daejeon, wearing electric uniforms, using static electric appliances, etc., or having the diversity on the floor of the workplace, etc.

In addition, the representative director who operates the process of a high-level plastic legacy has a duty of care to take necessary measures to prevent accidents, such as observing safety regulations to prevent explosion accidents during the work.

Nevertheless, at around 16:00 on August 4, 2016, the Defendant had the Victim F (hereinafter referred to as 27 years of age) take the process of spreading the ISO Tana Contaer with inflammable risk of explosion inside the above factory.

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