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(영문) 서울고등법원 2017.08.17 2017노243
업무상과실치사등
Text

1. The guilty part of the judgment of the court below against Defendant A and B (including the acquittal part for each reason), and Defendant C, E, F, G, H, and I.

Reasons

1. The written statements of the Defendants and the prosecutor’s opinion, supplementary reasons for appeal, etc. submitted after the lapse of the period for submitting the grounds for appeal are considered to the extent that they supplement the grounds for appeal.

A. Defendant A, B, C, and D Co., Ltd. were changed to “D Co., Ltd.” on February 17, 2011.

"D" shall be deemed to be "D" in total before and after the amendment.

1) In light of the legal standards and technical level at the time of developing DNA cleanliness as set forth below with regard to the predictability of Defendant A, B, and C (hereinafter “D Defendants”), the above Defendants could not be suspected of safety, and they could not anticipate any harm to consumers’ life or body due to the planning, development, and sale of the said humidifiers.

A) According to the "Quality Control and Safety Control of Industrial Products Act (amended by Act No. 7742 of Dec. 23, 2005)" which was applied at the time of the development of D's clean water, which is an industrial product, the said humidifier disinfectant was not subject to safety inspection or safety certification, and it is an industrial air container to prevent contamination caused by micro-organism as a drug of PHMGHproxaMetle Guanine, which is a basic substance.

BS was not designated as a poisonous substance (the time when the Ministry of Environment and the National Institute of Environmental Science first designated and publicly announced PHMG as a poisonous substance on September 5, 2012). The sale of damp-resistant sterilization has been made for a long time, and around November 2006, AX (AW business headquarters of the AW company) has been made.

hereinafter the same applies) there was no enterprise suspected of the safety of the humidifier disinfectant until the AV disinfection agents sell “AV”.

(C) At the time of developing D's cleaning system, the toxic test of the inhalement of chemicals was entirely not satisfy, and the human physical conditions were almost able to carry out the experiment.

D) The duty of care of those engaged in the manufacture and sale of humidifiers shall be abstractly ordinary persons.

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