Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A above.

Punishment of the crime

Reference to each provision of Articles 67, 66-2, and 23(1) of the Industrial Safety and Health Act, which are the applicable provisions of the indictment in this case, the charges (in particular, the last sentence of the charges against Defendant A), were appropriately revised to the extent that it does not impede the Defendants’ exercise of their right to defense.

Defendant

A is a person in charge of overall management of apartment buildings, such as boiler and facility management, as the managing director of E Apartment 2 Co., Ltd., and Defendant B Co., Ltd is a corporation established for the purpose of comprehensive management of buildings, etc. on the third floor of Suwon-si, Suwon-si.

1. Since the boiler room of Defendant A’s apartment complex is in a place where the leakage of ionacarbon, carbon, etc. is likely to occur, a person who manages the boiler and other facilities shall take necessary measures, such as having the facilities equipped with equipment capable of detecting and warning the leakage of acute toxic substances, in cases where acute toxic substances have leaked out to the outside in order to prevent the risk of leakage of acute toxic substances;

Nevertheless, the Defendant, without taking such measures as installation of the exhauster warning device, etc., took place on December 1, 2012, at around 02:00, caused G, workers on duty H, and technical representation I to operate the boiler to supply heating to each household in the said apartment boiler room, and caused the said workers to continue to work with the said G, even though the exhauster gets off and flowed into the engine room due to the non-explosive combustion, while the fire-proof bricks inside the boiler connected with the boiler was collapsed, and the exhauster went into the engine room, the said workers came to know of the above leakage and continued to work at around 07:30 on the same day, thereby causing the death of the said G, and the said H and I suffered from the injury of the carbon addiction in the number of treatment days.

Accordingly, the defendant is capable of warning the external leakage of acutely toxic substances.