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(영문) 인천지방법원 2015.04.30 2012고단11778
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant, as the head of the management department of D Co., Ltd., was engaged in the business of operating and managing freezing facilities of the FF freezing warehouse located in Gwangju-si, Gwangju-si.

In the course of operating the freezing warehouse, there is a risk of damage to pipes due to the excessive expansion, compression, etc. of refrigerants when operating beyond the range of 0°24°C, which is the scope of the operating temperature designed and constructed in the course of operating the said freezing warehouse. Therefore, there is a duty of care to manage and supervise the operation of the freezing warehouse to a person who operates and manages the freezing warehouse within the scope of the operating temperature.

Nevertheless, the Defendant was required to request from F Co., Ltd. to maintain the warehouse temperature within the range of 18°20°C in order to keep the fruits from F Co., Ltd., and operated the freezing warehouse temperature from June 2012 to July 18, 2012 so as to maintain the freezing temperature within the range of 18°20°C, thereby operating the equipment to maintain the freezing temperature within the range of 18°C. As a result, an excessive pressure occurs inside the engine and a repeated operation of the safety valve accordingly, the air conditioner gas has continuously flowed into the pipe due to the pressure, and the end of the crossing pipe has been cut off due to the pressure, and the gas has leaked rapidly to the atmosphere, and is under work, it appears to be a clerical error of H’s “T” in the indictment.

(See Law No. 34, 39). (See Law No. 52) The victim I (the 45 years of age), J (the 47 years of age), and K (the 52 years of age) who had been working in the vicinity of the facility used to inhale discharged cancer gas.

Ultimately, the Defendant caused the death of the victim G and H in the above occupational negligence in the above temporary border and the above place, respectively, by using the freezing image, etc., the victim J and K needed for approximately seven days’ treatment, “influoring, etc., that makes it difficult for the victim J and K to have a view, and the victim I needed to receive approximately forty-three days’ treatment.”

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