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(영문) 서울중앙지방법원 2019.03.26 2018고정1682
업무상과실치상
Text

Defendant

A A shall be punished by a fine of KRW 700,000,000,000,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[Status of Defendant B] A is the representative director of the Dispute Resolution Co., Ltd., which is the rolling stock parts supplier, and Defendant C, as the quality management team leader of the above company, is the person in charge of the affairs of importing the Class II connecting machine of the E company in which the accident occurred (hereinafter "the connecting machine of this case") from F company, Germany, to the Korea Railroad Corporation.

Defendant

A is a person in charge of the correction expenses of the Korea Railroad Headquarters H, who has performed the maintenance work of the aforementioned electrical engine connecter.

[Violation of the Defendant’s Duty of Care]

1. 피고인 B, 피고인 C D㈜는 2008.경 I㈜에 이 사건 연결기와 동일한 종류의 연결기 56대를 납품했고, I㈜는 위 연결기를 장착한 전기기관차 28량을 한국철도공사에 납품했는데, 2009. 1. 27.경 및 2009. 4. 15.경 운행 중인 전기기관차의 연결기 볼트가 풀려 연결기의 어댑터 플레이트, 센터링 장치 등이 탈락하는 사고가 발생했다.

Therefore, in order to prevent the recurrence of the accident, the Korea Railroad Corporation demanded to raise the current 8.8 to 12.9 and to 45 NM to 84 NM from the 45 NM, and it also decided to raise the current fluor and the V strength from April 21, 2009 to 84 NNM, and from April 21, 2009.

4. From November 7, 2013, the Korea Railroad Corporation received six parts of the engine repair connecting machine for the engine repair from FF company, and received six parts of the engine repair connecting machine from FF company.

In such a case, it is difficult to determine whether the parts of rolling stock were defective due to the shore inspection on external appearance and can not be cleared and inspected because they were supplied in the form of a finished product up to spawn. As such, the Defendants had a duty of care to confirm whether the V strength of the newly supplied connecting machine was produced in compliance with the changed order criteria.

Nevertheless, the Defendants are the defendants.

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