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(영문) 울산지방법원 2014.07.18 2014고단1201
업무상과실치사
Text

Defendants shall be punished by each fine of KRW 3,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety management of D Co., Ltd., a company specializing in plant maintenance and repair, who is a person in charge of safety management in charge of safety and health affairs of its employees by sub-subcontracting a subcontracted work from F Co., Ltd., and Defendant B is a person in charge of safety and health management of its employees as a person in charge of safety management of F Co., Ltd., and Defendant C is a person in charge of safety management of F Co., Ltd.,

Defendant

On March 13, 2013, the victim G (the age of 35) who is a person in charge of safety management employed by A was engaged in the replacement of yellow CES MES EES EITR in the second factory of the FF corporation located in Ulsan-gun H around 09:00 on March 13, 2013.

The replacement work of yellow clocks is likely to be done in a new replacement of the clocks, including yellow clocks installed at the tank lower part of the tank, and there is a high possibility that yellow clocks may be included in the clocks to be replaced, so the risk of the clocks or death may occur if the work executor inhales or contacts it.

Therefore, the Defendants, who are safety control managers, have a duty of care to measure in advance the quantity and concentration of sulfur oxide remaining in the sulfur filter subject to replacement, and to install ventilation devices in preparation for the occurrence of emergency situations, such as protective outfits, etc. to be supplied to workers who put in the work according to the measurement results.

Nevertheless, the Defendants conspired to neglect the above duty of care and neglected to take necessary measures and caused the victims to die in the course of the work by occupational negligence, which led to the death of the victim who inhales yellow acid at around 11:47 on the same day.

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